Compensation For Non-pecuniary Damage Research Articles

Compensation for non-pecuniary damage in labor law is an important guarantee of the protection of workers’ rights

The article is devoted to the study of the institution of compensation for moral damage in the field of labor, i.e. in cases where the employee’s labor rights are violated by the employer, and as a result, moral damage is caused, which is subject to compensation. Since the issue of compensation for moral damage in labor law remains debatable to this day, as there is no unambiguous scientific or legislative solution to it. Although the institution of compensation for moral damage in the field of labor is an important guarantee of the protection of workers’ rights. During the research, the current domestic legislation and the views of scientists on the raised issue were analyzed. In particular, it is stated that compensation for non-pecuniary damage in labor law has its own characteristics compared to compensation for non- pecuniary damage in civil law. Thus, the specifics of compensation for non-pecuniary damage in the field of labor lies in the subject structure of this legal relationship - the employee and the employer, where the employer has the obligation to compensate non-pecuniary damage, and the employee has the right to receive it in the presence of negative consequences of the violation of labor rights. Attention has been drawn to the fact that compensation for moral damage in labor law is proposed to be considered in three aspects: as compensation for moral damage caused to the employee; as an independent, special and universal type of employer’s responsibility; and as a way of protecting the rights of the employee in labor relations. It was concluded that the labor legislation regarding the legal regulation of issues of compensation for moral damage to the employee needs improvement, since it lacks a definition not only of compensation of moral damage in labor law, but also of moral damage in labor law, which , in turn, leads to the fact that the inflicted moral damage is not actually perceived as damage, it is simply ignored. At the same time, although the introduction of the institution of compensation for moral damages in labor law did not solve all the problems regarding the protection of human labor rights, it is evidenced by the fact that the constitutional provisions on the recognition of a person as the highest social value and the guarantee of his physical and moral safety by every state are gradually being implemented in the labor legislation.

Compensation for violation of an exclusive right and compensation for non-pecuniary damage: similarities and differences

Compensation for violation of an exclusive right and compensation for non-pecuniary damage: similarities and differences

Ako ďaleko sme si ešte blízki (na príklade rozhodovania o nemajetkovej ujme na zdraví)

The development of private law in the last two decades has been marked by an increase in actions for compensation for non-pecuniary damage to health and life. Claimants’ demands for the amount of compensation also grew. The legal institutes traditionally set up for this purpose (compensation for pain and suffering and compensation for hardship) soon proved inadequate. The courts began to remedy the lack of, or insufficient, statutory regulation by an expansive interpretation of the provisions on the protection of personality. Court decisions thus continued to harmonise the legal status in the countries of the former common state of Czechs and Slovaks. However, the adoption of the new Civil Code in the Czech Republic in 2012 ushered in a qualitatively new stage in the development of private law.

Exercise of the employee's right to protection in connection with dismissal of the owner's initiative

The author conducted a study of the procedural aspects of dismissal of an employee at the owner's initiative and issues related to the exercise of the right to protection of employees from illegal or unjustified dismissal. The main characteristics of the release procedure of employees at the owner's initiative and problems that may arise due to non-compliance with the rules of such a procedure are identified.
 The content of the right to protection of an employee in case of illegal or unjustified dismissal as one of the fundamental guarantees in labor law and legislation has been clarified. The characteristics of some aspects of consideration of labor disputes by courts are given, and different procedural features of realization of the right to protection of the worker at dismissal are defined.
 Conclusions are made on the importance of compliance by the employer or owner with the procedure of dismissal of the employee on their own initiative and the grounds specified in the law, and prevention of violation of employee rights, taking into account the guarantees of the Constitution of Ukraine and the Labor Code. And opportunities to reinstate those dismissed for work with compensation for non-pecuniary damage and forced absenteeism, respectively.
 In his study, the author draws attention to the fact that judicial protection of employee rights is one of the most common ways. Therefore, when considering labor disputes by the court, it is essential to thoroughly clarify and carefully assess the circumstances under which such a decision was made and assess the scope of the offender's job responsibilities if the grounds for their violation are indicated. Only on condition of a comprehensive and objective assessment of the evidence in the case, the court has the right to decide on the reinstatement of such an employee and to pay the employee the average salary during the forced absence or the difference in earnings during the lower-paid work.

The influence of the Ius-naturale conception of ABGB on the regulation of personality protection and compensation for non-proprietary damage in the Czech Civil Code

Abstract In 2014, a fundamental reform of private law took place in the Czech Republic. It was a revolution in private law. The reform of Czech private law was also to some extent contributed to by the pressure of the neighbouring more advanced legal systems in which the Czech legislator sought inspiration, especially the ABGB and its basic principles. Czech private law has been influenced since at least 1811 by the ABGB; this regulation affected Czech private law even in the first half of the twentieth century. This paper aims to answer the question how the ius-naturale conception of ABGB affected the Czech Civil Code of 2012 (the reform of private law in 2012) in the field of compensation for non-pecuniary damage, and to what extent and in which institutes this influence manifested itself. The area of compensation for non-pecuniary damage was deliberately chosen – this area is related to the protection of human personality. Personality rights then reflect the theory of natural law, which was suppressed in Czech private law during the second half of the twentieth century.

Compensation for non-pecuniary damage as a mechanism for ensuring the rights of citizens during the period of employment

Compensation for non-pecuniary damage as a mechanism for ensuring the rights of citizens during the period of employment

PROSPECTIVE DIRECTIONS OF IMPROVEMENT OF CIVIL LIABILITY

The article is devoted to the study of such an important area of civil law as civil liability. The scientific article examines the definition of "civil liability". It is emphasized that civil liability consists of many aspects, including a sanction, a new obligation, the replacement of an unfulfilled obligation with a new one, and so on. It is supported the position that the application of civil liability is voluntary, but the possibility of using jurisdictional forms of liability is not excluded. The authors of the article agree with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed.
 It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage. It is needed because compensation for non-pecuniary damage depends on the violation of a person's civil right, and not on the envisaged possibility of compensation for non-pecuniary damage in law or contract.
 The authors of the article positively perceive the position on the need for consolidate the provisions on the civil nature of the liability of officials of corporations. It is focused on the need to consolidate the subsidiary liability of members of limited liability companies in the event of bringing the failure through their fault.
 The position to the prospects of further scientific research in the field of responsibility of autonomous robots and artificial intelligence is expressed.
 It is concluded that due to the multi-vector nature of the concept of "civil liability" there is a need for further meticulous attention of the scientific community to the institution of private liability. In particular, it is necessary to develop qualitative criteria for distinguishing between the institution of abuse of subjective civil rights and the institution of civil liability; research of the peculiarities of the responsibility of such legal entities as owners of significant participation in corporations, supervisors of banking groups and other specific entities, etc.

Quasi-Regulatory Role of the Legal Opinions of the Supreme Court on the Example of the Case of Compensation for Non-Pecuniary Damage in the Family Dispute

Judgments of the Supreme Court, their legal nature, tasks and importance have repeatedly been the subject of discussions among the legal scholars and the legal practitioners, so this issue will not be the main point of the article.Quasi-regulation as one of the most significant functions of the legal opinions of the Supreme Court will be described in the article on the example of family dispute cases.The legal opinions of the Supreme Court are generally acknowledged as quasi-precedents and the article contains the conclusion that such terminological definition is the most balanced as the Supreme Court caselaw could not be called precedent in the meaning of this definition in Anglo-Saxon law.The research has proved that quasi-precedents can set the quasi-legal regulation.In that context, however, it is important to distinguish that precedents can create legal regulation, while the quasi-precedents can provide the rule of law with additional regulatory content by its wider interpretation.This can be clearly observed when the Court of Cassation interprets in common the general and special legal provisions.It is proved that quasi-regulation, which is provided by the Supreme Court in certain cases, is the result of the several objective processes, including:– convergence of Anglo-Saxon and Romano-Germanic Law;– transformation of the national legal system from authoritarian soviet to democratic;– gradual abandonment from positivistic interpretation of legal provision in favor of rule of law and faire justice (human-centered);– more frequent application of dynamic interpretation of legal provisions.At the same time, it should be emphasized that quasi-regulation is not the prior task of the Supreme Court for the reason that ensuring the uniformity and sustainability of case law remains its basic function. Quasi-regulation is an additional instrument aimed at strengthening the rule of law in Ukraine.In this regard such an instrument is more useful when: (1) rules of positive law do not fulfill this function; (2) there is a need to use the legal regulation for resolving the conflicts of law and filling the gaps in legislation.Quasi-regulation contributes to the development of the doctrine of law and becomes an indicator for the legislator that certain relations need urgent regulation, that public relations have changed, become more complicated and need immediate legislative regulation, and that legislators demonstrate slow response tothe mentioned changes.

Doctrinal Approaches on determining the Content of Intellectual Property Right

Thіs аrtіcle аttemрts to conduct а scіentіfіc аnd theoretіcаl аnаlysіs of the content of іntellectuаl рroрerty rіghts. The exіstіng scіentіfіc аррroаches to determіne the system of рersonаl non-рroрerty rіghts аnd рroрerty (exclusіve) rіghts to the results of іntellectuаl аctіvіty аnd objects equаted to them аre studied. The essence of the system of рersonаl non-рroрerty rіghts іs determіned.
 Thus, the subjectіve rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them cаn be eіther рroрerty (exclusіve) or рersonаl non-рroрerty, but not both аt the sаme tіme. Personal non-property rights can belong only to the creator (author). They do not depend on property rights and are closely related to the identity of the author (creator); are protected indefinitely and may not be transferred to other persons, except as provided by law. Personal non-property copyrights do not have economical content, are not negotiable, despite the existence of a legal norm on compensation for non-pecuniary damage due to the violation of personal rights.
 Іt іs determіned thаt the рroрerty rіght to the result of іntellectuаl, creаtіve аctіvіty аnd objects equаted to them іs аn exclusіve rіght іn its essence. Its exclusіvіty іs the fact thаt only the rіght holder mаy decіde to tаke аррroрrіаte аctіon on the results of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to them, whіle аll other рersons must obtаіn рermіssіon іn eаch cаse from the rіght holder to use the result of іntellectuаl, creаtіve аctіvіtіes аnd objects equаted to іt. Property (exclusive) rights can freely transferred to other persons and are urgent (the period of their validity is limited to the life of the author and 70 years after his death). Exclusive (property) rights are positive rights that include the right to use and dispose the object of intellectual property rights.
 Defіcіencіes аnd gарs іn the system of cіvіl lаw рrotectіon of рersonаl non-рroрerty аnd рroрerty (exclusіve) rіghts of іntellectuаl рroрerty rіghts hаve been іdentіfіed. The authors have formulated persрectіve dіrectіons for іmрroving the legіslаtіon іn thіs area.

Legal nature of the term «business reputation» of the heads of commercial banks

Problem setting. Appointing the heads of commercial banks should carefully study the business reputation of candidates, using the same criteria for evaluation and understanding of this concept. The presence of different definitions, non-uniform application of norms can lead to negative consequences in the field of management. Ukrainian legislation does not contain a single standardized definition of "business reputation", and the legislator still has disputes over what criteria to evaluate and what decisions to make if the reputation is impeccable. Target research. To determine the essence of business reputation, to consider the need for legislative consolidation of such a concept. Consider the reasons for checking, assessing the business reputation and / or professional suitability of the head of a commercial bank. Analyze the Regulations on licensing of banks in terms of criteria and assessment of business reputation of individuals. Assess the changes proposed by the legislator on the types of decisions of the NBU after the recognition of the business reputation of the head is impeccable. Analysis of recent research and publication. The issue of business reputation of commercial bank executives has recently become the focus of many scholars and lawyers in this field. Thus, in recent years, many works have been devoted to the analysis of the provisions on the concept, criteria and assessment of business reputation, its importance for the effective functioning of the bank. Examples of authors who pay attention to this problem are M.K. Haliantych, L.O. Krasavchykova, R.O. Stefanchuk, O.V. Khortiuk, H.F. Shershenevich and others. Many works of foreign scientists, in particular: K. Rogoff, K. T. Jackson, C. J. Fombrun, H. Cleves, R. Vreshnok and others, are also devoted to the research of assessment and formation of business reputation. Article’s main body. There is no single standardized definition of business reputation in Ukrainian law. Scholars also interpret the concept of business reputation in different ways, some identify it with such categories as brand, image, brand, goodwill, reputational capital, others consider them as independent categories. We believe that regulatory consolidation is not a necessity and does not affect the level of protection of the right to business reputation and the right to compensation for non-pecuniary damage in connection with the humiliation of business reputation. When appointing managers, the NBU assesses the reputation of candidates. The law establishes the criteria of impeccable reputation. in case of impeccable reputation, the NBU may apply or not apply to a person signs of impeccable business reputation. Conclusions and prospect of development. We do not need to provide a definition of "business reputation" in the legislation. We also propose that the NBU create a register of persons with an impeccable reputation to expedite decision-making and to prevent the appointment of persons with an impeccable reputation to management positions. In addition, it is considered appropriate to improve the current legislation in the provisions on the types of decisions after the assessment of the NBU business reputation of an individual. In particular, in our opinion, it is necessary to add sub-item 3 to item 80 of the Regulation on banking licensing dated 22.12.2018 № 149 and to state it in the following wording: «when The National Bank assessing the business reputation of a natural or legal person for which a sign of impeccable business reputation is identified, as defined in paragraphs 63-65 of Chapter 6 or paragraphs 67-70 of Chapter 7 of Section II of this Regulation, has the right to decide on self-assessment owners of significant participation (if any) in the requirements for business reputation».

Problems Of Compensation For Moral Damage Caused To The Consumer

The article examines the problems of compensation for moral damage caused to the consumer by defects in goods, work performed or services rendered. The article analyzes domestic and foreign law enforcement practice on the issues of compensation for moral damage to consumers and points to the absence of clear criteria for determining the amount of moral damage both in the Republic of Uzbekistan and in foreign countries. The article points to the existing disagreements between the plaintiffs and the judges in determining the amount of compensation for non-pecuniary damage. The rights of individuals and legal entities to claim compensation for moral damage are distinguished.

О доктринальных принципах семейного права (на примере принципа ответственности за нарушение норм семейного законодательства)

Introduction. The article proposes supplementing the system of principles of family law with a new doctrinal principle – the principle of responsibility for violations of family law. Theoretical analysis. The article explores scientific ideas about the system of principles of family law, the features of family legal responsibility, the relationship of protection measures and liability measures in family law. Result. The article concludes that only the sanctions of the moral nature should be attributed to the family-legal sanctions. Property sanctions (compensation for non-pecuniary damage, disinheritance, recovery of losses) are of a civil nature, although they reflect the specifics of family relations. In addition to specific sanctions, the essence of family law liability lies in the special composition of the subjects of these sanctions, as well as the special procedures under which they are subject to application.

Analysis of judicial practice on disputes related to occupational pathology in the Republic of Bashkortostan

More than 1650000 employees work in the Republic of Bashkortostan, and in recent years there has been a sharp increase in complaints from employees and employers to the judicial authorities on issues related to occupational pathology and aptitude. The analysis of 179 court cases related to occupational pathology in the Republic of Bashkortostan, in which the Institute’s specialists participated as experts, was carried out. The majority of court cases are related to the refusal of an employee to establish an occupational disease; compensation for damage caused to health as a result of an occupational disease and compensation for non-pecuniary damage, the employer’s refusal to recognize the case of occupational disease, the establishment of occupational disease in the long-term post-contact period, etc. Conducting an expert examination requires a thorough analysis of the situation, studying all available documentation, since an error in making a conclusion can lead to incorrect, disproportionate assignment of damage and moral damage.

The use of special psychological knowledge in compensation for non-pecuniary damage on the example of a traffic accident

The theoretical and practical questions of compensation for moral damage in civil legal proceedings on the basis of studying materials of court cases of national courts and analysis of judgments of the European Court of Human Rights are researched. In the context of the above, an author's approach in applying the norms of civil procedural legislation to optimize the mechanism of compensation for moral damage is proposed. The author stresses the need for the court to take into consideration the conclusions of psychologists or experts in the field of law on determining the level of moral harm to a person who is consistent with the principle of fair trial. As for the advice provision (conclusion, excerpt from a protocol etc.) of a psychologist to the evidence status in a civil case, there are important arguments in favor of this that laid in the relevant procedural law by the legislator. The legislator in Part 1 of Art. 76 (name – “Evidence”) of the CPC of Ukraine has written that evidences are any data on the basis of which the court establishes the presence or absence of circumstances (facts) which are substantiating the demands and objections of the participants of the case, and other circumstances that are relevant for the resolution of the case. In this case, the plaintiff should give the court a conclusion of the individual psychological consultation or extraction from the protocol of such psychological examination, which will determine the degree of moral hazard and the statement (definition) of its size in cash equivalent. Such a conclusion should preferably be filed together with a statement of claim or separately by way of a statement of claim under Art. 83 of the CPC of Ukraine about admission as evidence of causing non-pecuniary damage to materials of the case «extraction of the protocol of the individual psychological. We believe that the mechanism for providing compensation for moral harm to a person in the course of civil proceedings should take place, in addition to the conclusion of a specialist (expert) – a psychologist and other circumstances determined by the Law, also taking into account the amount of salary established by the legislation at the moment of consideration of the case by the court for each month of stay of the plaintiff in a state dispute (conflict) with the defendant.

Compensation for non-pecuniary damage as a way of judicial protection against defamation in Russia and England

Defamation law originated and developed in England (England and Wales). Further, it became widespread not only in the countries of Anglo-Saxon, but also Romano-Germanic law, including Russia. One of the effective civil law methods of judicial protection against defamatory tort aimed at belittling honor, dignity and business reputation in Russia is compensation for moral damage - an analogue of British compensatory damages for non-pecuniary harm, awarded for “pain and suffering ”(pain and suffering) in the form of emotional disorders (emotional distress). The digital revolution brought with it new types of defamation tort, which became a kind of trigger for further improvement of defamation law, the need to increase the effectiveness of judicial protection against defamation through compensation for moral damage. Purpose : to identify and analyze the extent to which English defamation law is implemented by Russian legislation, to determine the most effective model for determining the amount of compensation for moral damage for defamation. Methods: dialectical, formal-logical and other general scientific research methods; special legal methods: comparative legal and formal legal. Findings: The concept of defamation is identical to the dissemination of untrue defamatory information, as well as any untrue information about a citizen contained in Art. 152 of the Civil Code of the Russian Federation. The owners of social networks, in addition to the author of the publication, should bear civil liability for the dissemination of defamatory information as a publisher who has not taken effective measures to remove it in a timely manner. In Russia, it is necessary to legislatively introduce the concept of presumed moral harm, fixing its size in a special table approved and annually updated by the Plenum of the Supreme Court of the Russian Federation. In Russia, it is necessary to refuse innocent compensation for moral damage for defamation (Article 1100 of the Civil Code of the Russian Federation). In the event of a defamatory tort in relation to the deceased who had a profile on a social network and received a public projection as a result, their heirs have the right to file defamation claims and demand refutation and compensation for moral damage.

General principles of liability of the parties for the breach of obligations arising from the contract of carriage

The purpose of the study is to determine the general principles of responsibility of the parties for breach of contractual obligations arising from the contract of carriage, taking into account the legal positions of the highest courts of Ukraine in this category of cases. The article deals with the study of the general principles of liability of the parties for breach of obligations arising from the contract of carriage. It was found that the contract of carriage differs from other contracts for the provision of transport services, in particular, from the contract of freight forwarding, the possibility of contractual regulation of liability. It is determined that the parties to the contract of carriage, guided by the Art. 611 of the Civil Code of Ukraine, may provide in its content the following forms of civil liability: 1) payment of penalties (fines, penalties); 2) compensation for losses; 3) compensation for non-pecuniary damage. At the same time, the liability of the parties to the contract of carriage for breach of obligations is limited by the law governing the contractual relationship for the provision of transport services. Therefore, the parties may determine the form and amount of liability, unless otherwise provided by the norms of the Central Committee of Ukraine, transport codes (statutes), other laws.

Объективизация величины компенсации морального вреда при исках к медицинским организациям

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

Особенности применения компенсации морального вреда в трудовых спорах

Особенности применения компенсации морального вреда в трудовых спорах

Regulatory Provision of the Passenger's Rights in the System of Warranties of their Compliance and Realization

The article deals with topical issues of securing the rights of the passenger. As violations of this kind of rights are frequent and the means of protection of their rights, except for air transport, are virtually absent under the transport law of Ukraine, except for the possibility of compensation for non-pecuniary damage, the presence and amount of which is determined by court procedure, there is an urgent need to determine and regulate this civil rights, how it is under EU law on new civilizational approaches; securing regulatory safeguards to enforce and exercise their rights. The authors conclude that according to the legislation of Ukraine there are practically no guarantees for the exercise of the rights of the passenger, which is unacceptable at this stage of civilization development. As the mechanism for securing this kind of civil rights under EU law, which is based on the concept of creating a competitive environment, regulating and securing the rights of passengers, establishing negative consequences for the carrier in the event of a violation of the passenger's rights in the form of compensation amounts, despite the fact that he is debatable and imperfect, however, it can be implemented into the national legislation of Ukraine. In addition to the right to require the carrier to deliver it to its destination, the basic rights of the passenger must be legally enshrined and guaranteed: security, human rights, mobility, non-discrimination, assistance in transportation, accessibility, full and reliable information, on the use of remedies, on compensation in case of violation of rights, etc.

PROBLEMS OF PROVING MORAL DAMAGE UNDER THE LEGISLATION OF UKRAINE

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.