КРИТЕРІЙ СПРАВЕДЛИВОСТІ У ПРАКТИЦІ ЄВРОПЕЙСЬКОГО СУДУ З ПРАВ ЛЮДИНИ ЩОДО ВІДШКОДУВАННЯ МОРАЛЬНОЇ ШКОДИ

Abstract

The article examines the criterion of justice and its content used by the European Court of Human Rights when considering applications of individuals and legal entities, including economic entities, for compensation moral damage, which is characterized by the fact that it is impossible to accurately calculate its size, by analyzing the content of the relevant articles of the European Convention on Human Rights, scientific research and Court’s precedent. The criterion of justice in its application by the Court when deciding claims for just satisfaction cannot be hypothetical, but must acquire signs of argumentativeness and practicality, taking into account the procedures in accordance with the Convention. In this research, we identified and analyzed elements of the just-criterion or the criterion of justice factors, which the Court in their unity considers. At the same time, categorization of criterion of justice factors has been carried out according to the level of connection with the applicant. This identification of the criterion of justice elements of in the context of compensation for moral damage will be able to give it the features of a structured practical tool for justice. In addition, the content of related concepts used in international law to denote various aspects and methods of compensation for damage to an injured person is revealed, including the meaning and content of the concept of “just satisfaction” under Art. 41 of the European Convention on Human Rights.