In some cases, the law provides for compensation for moral damage

The current legislation provides several types of legally significant circumstances which can become the reason for filing in court a lawsuit asking for compensation for moral damage. Such legal relations are regulated by several legislative acts, making it difficult to decide whether one or the other under their action.

When a citizen may demand compensation for moral damage

The basic definition of such cases is provided by article 151 of the RF Civil code. It States that compensation for moral damages for causing physical and mental suffering may be required by any citizen against whom was committed the actions, violating his personal non-property rights or infringing upon the intangible goods belonging to him.

Such intangible benefits the law considers, including: business and personal reputations; life and health; honor, dignity, and good name, inviolability of private life and home; freedom guaranteed by the Constitution of the Russian Federation; authorship and other benefits that the citizen has from birth or by law and which cannot be alienated or transferred in other ways. All of these benefits are fully listed in part 1 of article 150 of the civil code.

Individual laws stipulate cases when moral damages may be recovered for causing property damage. This law, in particular, is the law of the Russian Federation "On protection of consumers' rights. The Labour code of the Russian Federation, article 237 also specifies the cases where pecuniary compensation may be claimed for damage arising out of the employment relationship. General rules governing the manner and method of compensation and the grounds on which it could be awarded, contained in article 1099-1101 of the civil code.

How to prove that you suffered non-pecuniary damage

But not enough to satisfy the court that you are experiencing anguish, you need to bring is a statement of the evidence base in all cases, except when we are talking about bodily injury, or assault on your life. The degree and nature of the caused physical and moral suffering in court will be evaluated taking into account the actual circumstances and taking into account your individual circumstances. This will directly affect the amount of compensation. In this case you will have to prove to the court the following facts:
- what specific person, and under what circumstances you have been caused physical and moral suffering;
- their degree, and what exactly they are expressed;
- existing causal link between the suffering and the consequences to which they led;
- justification of the adjustments.

Note that when determining the amount of compensation the court will take into account the degree of your guilt, if your actions or your negligence contributed to the occurrence or increase of damages.