Actual problems of the non-pecuniary damages’ assessment by the European Court of Human Rights

Abstract

The article is devoted to the awarding of non-pecuniary damages in the European Court of Human Rights (ECHR) practice. The problem of research arises from the lack of criteria that the Court uses for calculating non-pecuniary damages which leads to unfair compensation for the injured party. The article examines ECHR cases and investigates how the Court has substantiated the precondition for a claim for compensation of non-pecuniary damage of a person. The grounds and circumstances which influence the amount of non-pecuniary damages are analyzed. The research proposes to define and introduce a list of criteria based on individual features of a person in recommendations on which ECHR should pay attention in non-pecuniary damages assessment to provide fair compensation to the victim which can help to create transparent mechanism for assessment in its practice