Скачать презентацию The compensation of moral damage in the Russian Скачать презентацию The compensation of moral damage in the Russian

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The compensation of moral damage in the Russian Federation Grigoriy Vasilkov Ю-202 The compensation of moral damage in the Russian Federation Grigoriy Vasilkov Ю-202

What does «moral damage» mean? § The term “moral damage” is understood as a What does «moral damage» mean? § The term “moral damage” is understood as a loss of non-property nature as a result of moral or physical suffering, or other negative factors caused by illegal actions or the inaction of other persons. § The negative feelings of a person in Russia are various.

Health problems Health problems

Infringement of labour rights Infringement of labour rights

Infringement of copyright Infringement of copyright

illegal arrest illegal arrest

Abasement of human dignity, honor and business reputation Abasement of human dignity, honor and business reputation

Infringement of customers’ rights (Replacement of price-tags) Infringement of customers’ rights (Replacement of price-tags)

Infringement of the right to privacy Infringement of the right to privacy

The legal regulation of questions connected with moral damage and its compensation in the The legal regulation of questions connected with moral damage and its compensation in the Russian Federation is carried out by: § the Constitution of the Russian Federation; § the Civil Code; § the Labour Code; § the conventional principles and norms of international law

For occurrence of the right for compensation of the moral damage there must be: For occurrence of the right for compensation of the moral damage there must be: § Presence of harm; § Illegal action or inactivity of a criminal; § The cause-and-effect relation between illegal actions and the presence of moral harm; § The guilt of a criminal.

The most important problem is the search for techniques for estimation of damages. The most important problem is the search for techniques for estimation of damages.

The size of compensation depends on: § guilt of the infringer; § degree of The size of compensation depends on: § guilt of the infringer; § degree of the physical and moral sufferings connected with the specific features of the person who is hurt; § other, noteworthy circumstances.

The states proclaiming itself constitutional effectively use the institute of compensation of moral damage The states proclaiming itself constitutional effectively use the institute of compensation of moral damage (European Court of Human Rights )

The Russian judiciary practice is not identical under similar circumstances The Russian judiciary practice is not identical under similar circumstances

§ The compensation for the infliction of average harm to health - the sum § The compensation for the infliction of average harm to health - the sum of 37 000 roubles. § The compensation to the mother of the killed son – the sum of 50000 roubles!!!!!!!

What is necessary to do: § To fix more particular rules of the definition What is necessary to do: § To fix more particular rules of the definition of the size of damages; § To solve the question of compensation of non-property harm to the legal persons; § To develop legal mechanism in the sphere of criminal procedure; § To define precisely a circle of the third parties having the right for compensation.

That’s all. Thank you That’s all. Thank you