Компенсация за моральный вред, причинённый незаконным уголовным преследованием: использование судами оценочных понятий при определении её размера

Abstract

Determination of the amount of compensation for non-pecuniary damage caused by illegal actions during the inquiry, investigation, prosecution, and court proceedings is still a challenging task. Effective protection of civil rights by restoring justice for the suffering caused by unlawful prosecution allows you to secure the trust of citizens in the state. The object of the study is the criteria on the basis of which the court decides on the amount of compensation for non-pecuniary damage suffered as a result of illegal criminal prosecution. The research methodology composes of general scientific (analysis, synthesis, induction, deduction, generalization, comparison) and particular scientific (formal-legal and structuralfunctional) methods. The author used a systematic approach and a method of legal interpretation. The purpose of the study is to characterize the criteria used by the government agencies in determining the amount of compensation for non-pecuniary damage caused by illegal actions. The author explores the use of the evaluative concepts of «reasonableness», «fairness», «proportionality», «reality» in law enforcement practice. The empirical base of the study consists of the decisions of the Russian district and appeal courts, as well as the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of Human Rights made in 2010-2021. An analysis of law enforcement practice on the considered topic allows to evaluate the influence of the human factor that reveals itself in the creative approach to determining the amount of compensation for non-pecuniary damage caused by the illegal actions during the inquiry, investigation, prosecution, and court proceedings. The lack of the clear rules considering the compensation amount entails uncertainty in the emerging judicial practice which in its turn becomes increasingly regionally specific.