PROBLEMS OF COMPENSATION FOR MORAL DAMAGE IN FAMILY LAW OF THE RUSSIAN FEDERATION

Abstract

The Family Code of the Russian Federation fixes the personal rights of spouses, non-property rights of children, parents, and other family members, but provides for the possibility of compensation for moral damage only to a conscientious spouse when a marriage is declared invalid. The issue of using the institution of compensation for moral damage in family legal relations is controversial and is currently supported only by doctrine. An analysis of judicial practice shows that courts do not agree with the possibility of compensation for moral damage in cases of violation of family rights. The question of the need to take into account marital relations in order to compensate for moral damage when one spouse causes harm to the health of the other is also topical. In this regard, the authors analysed scientific points of view on the research topic, studied materials from judicial practice as a result of which, it was found that the institution of compensation for moral damage can be used to more effectively protect the non-material rights of spouses, parents, and children. For instance, the right to communicate with a child of a parent living separately is occasionally violated. Marital legal relations and relations between parents and children, in which compensation for moral damage can be a productive way of protecting violated rights, are analysed. Based on the results of the analysis of current legislation, doctrinal sources and materials of judicial practice, it was concluded that compensation for moral damage as a measure of liability is fully applicable in the protection of family rights, but is not provided for by current legislation.