Подсудность гражданских дел о компенсации морального вреда

Abstract

The article deals with the issues of determining the jurisdiction of claims for compensation for moral damage. The relevance of the research topic is due to the fact that recent changes in procedural legislation have included new elements in the institution of jurisdiction that have complicated the application of the rules on jurisdiction in civil proceedings. In this regard, it became necessary to scientifically develop new elements of jurisdiction, to show their relationship with the traditional rules of tribal and territorial jurisdiction. The choice of the topic is also due to the lack of uniformity in law enforcement practice regarding the jurisdiction of claims for the recovery of moral damage. There is no uniform approach to this matter in the doctrine of civil procedural law, which gives this study not only scientific but also practical significance. The article notes that in order to systematize the rules on jurisdiction in the doctrine, a new classification of jurisdiction has been developed, which the author used in the article to determine the jurisdiction of claims for the recovery of moral damage. Particular attention is paid to the criteria for delimiting judicial competence to consider the named category of disputes between courts of general jurisdiction and arbitration courts, the issues of the correlation between the jurisdiction of district courts and justices of the peace in considering claims for compensation for moral damage are considered. The study resulted in conclusions and proposals for improving the mechanisms for delimiting the jurisdiction of claims for the recovery of moral damage.