PROBLEMS OF PROVING MORAL DAMAGE UNDER THE LEGISLATION OF UKRAINE

Abstract

The legislation of Ukraine enshrines norms that give individuals the right to compensation for moral damage, which in the modern concept is an integral part of the protection of human rights and freedoms. Non-pecuniary damage the suffering caused to a person as a result of wrongful acts against him, must be compensated in any case, because without this part of the restoration of violated rights it is impossible to fully implement the principle of justice, because then remains uncompensated much of the negativity. Compensation for moral damage remains in many cases unattainable, because first of all moral damage, mental suffering, may be reflected to some extent in the conclusions of examinations, but they will never be able to fully reflect in them, because human feelings are too subjective. Proving the fact of non-pecuniary damage and the existence of a causal link is very specific, so the plaintiff is not easy to form the necessary evidence to confirm the existence of non-pecuniary damage and confirm the causal link between the actions (inaction) of the defendant and negative consequences for the plaintiff moral damage. Each case requires an objective assessment by the court of all the circumstances, as judicial review is one of the essential guarantees of protection of the constitutional rights of citizens, especially in cases where the facts of the case indicate the existence of a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is emphasized that each case requires an objective assessment by the court of all circumstances, as judicial control is one of the essential guarantees of protection of constitutional rights of citizens, especially in cases where the facts of the case indicate a civil dispute. The purpose of the plaintiff (his representative) to provide the court with material for such an assessment, ie the evidence base. The availability of sufficient evidence will be a guarantee that the court will determine the fair amount of compensation for non-pecuniary damage. It is concluded that in order to obtain compensation for non-pecuniary damage, it is necessary to use all available procedural possibilities, try to most fully and accurately reflect the causal link between the violation of individual rights and moral suffering. There should be no doubt about the amount of non-pecuniary damage, and this should be confirmed by admissible means of proof.