On Compensation for Moral Damage in Cases of Protection of Honor, Dignity and Business Reputation: Theoretical and Law Enforcement Aspects

Abstract

Relevance. The article examines the problem of compensation for moral damage as one of the ways to protect honor, dignity and business reputation in accordance with Art. 151 «Compensation for moral damage» of the Civil Code of the Russian Federation. Doctrinal approaches to the concept of moral damage and other categories of this institute have been studied, an assessment of the trends in law enforcement practice for resolving such disputes is given. The work reflected new explanations of the Supreme Court of the Russian Federation in cases of recovery of compensation for moral damage, as well as the legal positions of the Constitutional Court of the Russian Federation, which recognized Article 151 of the Civil Code of the Russian Federation as unconstitutional in part.The purpose of the study is to deepen scientific knowledge of moral harm as a way to protect honor, dignity and business reputation and to develop theoretical and legislative proposals aimed at the uniform application of compensation for moral damage in such cases.Objectives: to analyze reviews of judicial practice, decisions on claims for recovery of moral damage, legal positions of the Constitutional and Supreme Courts of the Russian Federation and to identify gaps in the methods of protection of these intangible benefits of a citizen.The methodology was compiled by general scientific (deductions, induction, analysis and synthesis) and private scientific methods (formal-legal, logical, analysis of judicial practice, system-analytical) in their various combination.The results contain original proposals of a theoretical, applied and legislative nature, contributing to the effectiveness of the institution of moral damage as a way of compensation for unlawful actions against the honor, dignity and business reputation of a citizen.Conclusion. The author's position is formulated on the inexpediency of the principle of "presumption of moral damage" and the need to modernize the version of Art. Art. 151 and 1099 of the Civil Code of the Russian Federation in terms of excluding restrictions on the collection of moral damage caused to a person in relation to property damage. It is stated that there is judicial discretion in determining the amount of compensation for non-pecuniary damage, the limitation of which is possible taking into account the criteria outlined in the new resolution № 33.