Compensation For Moral Damages Research Articles

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.

Features of the Legal Regulation of the Institute of Rehabilitation in the Criminal Procedure Code of the CIS Countries

The article analyzes the features of the criminal procedure regulation in the countries of the near abroad of relations arising during the rehabilitation of the accused (suspect). The similarity (coincidence) and originality of the norms of the Criminal Procedure Code of the neighboring countries in the regulation of the grounds and consequences of rehabilitation is shown. Special attention is paid to the procedure of compensation for damage caused to the rehabilitated person by illegal actions of the court of the bodies that carried out criminal proceedings. The article reveals the specifics of the approaches of legislators from different countries of the near abroad to the regulation of the procedure for compensation for moral damage. In the final part of the article, it is argued and formulated the conclusion that special, detailed regulation in separate sections (chapters) of the Criminal Procedure Code for the issues of compensation for harm to rehabilitated persons is one of the main trends in the modern criminal procedure legislation of the CIS countries.

CIVIL LIABILITY FOR MISUSE OF A TRADEMARK ON THE INTERNET

The article considers the problematic issues of civil liability for misuse of a trademark on the Internet, namely: insufficient legal regulation of civil relations in the field of trademark use on the Internet; lack of a clear mechanism for establishing the owner of a website on which a trademark is illegally used; lack of a clear mechanism for determining the amount of non-pecuniary damage caused by the improper use of a trademark on the infringer’s website; lack of a clear mechanism for determining the amount of damages and lost profits for improper use of the trademark on the infringer’s website. It is proposed to solve these problems by making changes and additions to current legislation and the adoption of new regulations, as well as by creating a Unified State Register of website owners, following the example of the WHOIS database. Variants of illegal use of the trademark in the technical part of the website, namely in the meta tags keywords, title, description, are considered. In addition, special attention is paid to the analysis of the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, which revealed two approaches to calculating the amount of damage determining the amount of damages caused by a civil offense. Also, the analysis of the norms of the Civil Code of Ukraine, the Law of Ukraine “On protection of rights to marks for goods and services”, the Law of Ukraine “On protection of personal data”, which regulate this industry. Also, doctrinal researches of scientists concerning compensation of moral damage and losses, ways of illegal use of a trademark on the Internet are considered. Thus, within the framework of consideration of the specifics of moral damage, the subjective side is analyzed, namely the guilt of the offender. Problematic issues are considered, namely the violation of the violator’s illegal behavior and cases of creating a website on request.

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.

Compensation of moral damage as a way to protect the non-property rights of tourist

Compensation of moral damage as a way to protect the non-property rights of tourist

Особенности субъектного состава лиц, имеющих право на компенсацию морального вреда в случае причинения вреда жизни при оказании медицинской помощи

The article examines the subject composition of persons entitled to compensation for moral harm in the event of violation of citizens' rights in the event of harm to life in the provision of medical care, based on the norms of international law, current Russian legislation, theoretical materials and judicial practice. The composition of persons entitled to compensation for moral damage is analyzed. Examples from judicial practice are presented.

Civil liability of an air carrier: certain aspects

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. All mentioned above facts affect the development of infrastructure inUkraine. That is why the issues related to the legal regulation of air transportation activity, including civil responsibility of air carrier,are relevant.Having analyzed current doctrine of civil law, we can conclude that nowadays researchers are paying more attention to a deepunderstanding and study of the general provisions of civil liability of the air carrier in general and various aspects and problematic issuesof it in particular. Special attention is paid to responsibility for the delays in the departure of a passenger and violation of the estimateddelivery time, delays, loss or damage to baggage caused by improper performance of air carrier’s obligations under the contract.To our mind, one of the main problems of the air transportation disputes regarding indemnification refers to the legislationapplied. The fact is that courts tend to use legislation limiting legal opportunities for protection of rights and legally protected interests.The main approaches of judicial practice regarding certain problems of civil liability of an air carrier have been determined. Particularattention is paid to the issues of compensation for moral damage caused to a passenger as a consumer of transportation servicesas a result of improper performance by the air carrier of its obligations.It is important to stress that analysis of various court decisions gives ground to conclude that compensation for moral damagecaused to a passenger is an open question which should be answered. Nevertheless, court practice has been changed recently. Legalposition formed by the Supreme Court regarding the possibility of compensation for moral damage in case the absence of enshriningsuch a person’s right in special acts of civil law, in our opinion, is absolutely correct and progressive.

Reparation of off-balance sheet damage from a constitutional-labor perspective: A critical approach to the valuation limits set by the labor reform

This article aims to research response to the theme consistent problem in the following questions: What is the constitutional perspective of off-balance labor reparation? What are the possible positive and negative aspects of the limitation of values established by the labor reform of 2017 for the determination of compensation for the practice of extra-asset damage resulting from employment relationship? The theme is currently important, given the favorable positions and contrary to the setting of the limits of compensation for moral damage, so that it is intended to contribute to the discussion through a critical research, which proposes to research the theme in its various possibilities. In the end, it will be possible to observe that there are positive and negative points in relation to the limitation of the values of reparation for extra-asset damage, and it is up to the interpreters to take positions more in line with the solution of the concrete cases. We used the method of deductive approach and dogmatic-legal research of bibliographic nature, with the consultation of works, jurisprudence and legislation.

Certain Problems of Citizens’ Rights Protection when Using Genomic Technologies

In the context of the rapid development of new medical technologies, the problem of protecting the rights of citizens and ensuring respect for human dignity is becoming increasingly urgent. The authors come to the conclusion that the protection of the patient’s rights when using genomic technologies can be carried out in the order of claim proceedings. Typical methods of protection are recovery of damages in the event of injury to health, compensation for moral damage in connection with the violation of such non-material benefits as life, health, physical integrity, privacy. Particular attention is given to the problem of children’s rights protection when using genomic technologies, including the right to natural biological origin, the right to know their biological parents and family (genetic) history, since the use of advances in genetics and biomedicine by one generation of people can be a serious challenge to the existence of fundamental freedoms and equality of future generations.At the moment, states should define the limits of possible intervention in the sphere of private (parental) arbitrariness in order to prevent future harm to children born with the help of modern technologies. Consideration of individual problems of the rights of citizens protection when using genomic technologies indicates objective difficulties in finding solutions due to bioethical principles, the need to ensure a fair balance between the interests of the parties to the relevant relationship and third parties, and the need to minimize potential risks. The breakthrough achievements of medical and biological science pose an important task for the state to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting the rights and interests of an individual, preventing the biotechnological construction of a person for the purposes of eugenic practice, 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.

СОВЕРШЕНСТВОВАНИЕ ОТДЕЛЬНЫХ ПОЛОЖЕНИЙ ТРУДОВОГО КОДЕКСА РОССИЙСКОЙ ФЕДЕРАЦИИ, СВЯЗАННЫХ С УВОЛЬНЕНИЕМ СОТРУДНИКОВ

The article deals with situations related to the dismissal of employees of companies, in particular those for which separate additions and/or changes must be made to the Labor code of the Russian Federation. It relates to the dismissal of employees who are members of the Labour Union; issuing certificates and other documents of the dismissed workers; compensation for moral damages in illegal dismissal; payment of bonuses by results of work for the year laid-off employees prior to the completion of it, etc. The article in all of these situations justified proposals, which should be set out in the legislation.

СООТНОШЕНИЕ ДОГОВОРНОЙ И ДЕЛИКТНОЙ ОТВЕТСТВЕННОСТИ МЕДИЦИНСКОЙ ОРГАНИЗАЦИИ ПЕРЕД ПАЦИЕНТОМ

The Civil Code of the Russian Federation and legislation in the sphere of health care do not contain norms about the civil liability of a medical organisation to a patient. The issues of the correlation between these types of liability remain under-researched in the literature. There is no uniformity in judicial practice in resolving disputes in this area. The analysis of the literature and practice allows us to identify the distinctive features of contractual and tort liability of medical organisations. They include the imperative nature of norms on tort liability and dispositive nature of norms on contractual liability; contractual liability of a medical organisation to a patient is possible only if no harm to life or health is inflicted upon it - when such harm is inflicted, tort liability arises. The medical organisation's guilt or the patient's guilt in imposing contractual or non-contractual liability on a medical organisation is not the same. As a general rule, where there is a plurality of persons on the side of a medical organisation, joint and several liability arises in the event of non-contractual liability. The forms of contractual and non-contractual liability are different. It is generally accepted in the legal literature that liability for harm to a patient's health or life in the provision of paid medical services is in tort. However, due to the expanding scope of contractual regulation in medicine, the correctness of such provisions has come into ques-tion. It seems that the position on the priority of contractual liability of a medical institution has no legitimate basis (Art. 1084 of the Civil Code of the Russian Federation). In court prac-tice, regardless of the existence of a contract for the provision of paid medical services, in case of harm to the patient's health or life, the rules on torts are applied. The nature of increased liability for causing harm to a citizen's life or health stipulated by the contract is disputed in the literature. It appears that the contract for the provision of medical services may increase the amount of liability but may not change its nature, it remains a tort. As a rule, the issue of possible application of tort and contractual liability to a medical organisation at the same time is not specifically discussed in the literature. In court decisions holding a healthcare provider contractually liable, compensation for moral damage is referred to as a form of contractual liability along with compensation for damages and payment of a penalty. This approach blurs the distinction in terms of contractual liability of a medical organisation and tort liability in the form of compensation for moral harm. Contractual liability arises irrespective of fault (paragraph 3 of Article 401 of the Civil Code of the Russian Federation); compensation for moral harm is allowed, as a general rule, only in the presence of the fault of the person who caused the harm (paragraph 2 of Article 151 of the Civil Code of the Russian Federation). The terms of liability in such cases must be determined with due regard to the above rules.

Сравнительный правовой анализ института возмещения морального вреда в России и странах англосаксонской правовой системы

Сравнительный правовой анализ института возмещения морального вреда в России и странах англосаксонской правовой системы

Terms of Origin of Liabilities on Compensation for Moral Damage

The article investigates the terms of origin of liabilities on compensation for moral damage and development of proposals and recommendations on this issue. It is indicated that the basis of compensation for moral damage is the general tort envisaged in Art. 1167 of the Civil Code of Ukraine “Bases of responsibility for the incurred moral damage”; the initial conditions are availability of moral damage, unlawful conduct of the person who has inflicted the damage, the availability of relations between cause and effect, guilt. The signs of moral damages include the following: self-harm which can be inflicted either with or without property damage; non-property damage, as non-property sphere of physical person suffers i.e. mental health; the damage which may occur due to violation of property or non-property personal rights; the damage which is a derivative of property damage and is initial in case of humiliation of honour, dignity and business reputation; the damage which is manifested through the emotional suffering of an individual; the moral damage generated only due to significant emotional suffering of the individual but not due to any excitement or a common nuisance and it cannot cause a significant impact on the life, activity and human conduct; a property nature of compensation for moral damage. The availability of moral damage is a compulsory condition of liabilities on compensation of moral damage. Thus, it is necessary to apply the presumption of moral damage in case of violation of all personal non-property rights and the benefits of an individual. It is reasonable that compensation of moral damages should always have a property character, because it is an independent event of civil liability, which should spawn an occurrence for offender of additional property losses. It is noted that the task of any moral damage can be unlawful in case either the norm of civil law or the personal non-property right of an individual is violated and if the person who has inflicted the damage, was not authorized to do it. The unlawful nature and the forms of unlawful conduct of the person who has inflicted the moral damage (action, inaction, decisions) depend on the types of violations. It is pointed out that establishment of causal relation as unlawful violation of the civil right of a person (cause) and the onset of moral damage (effect) allows clarifying: 1) the availability of a civil offence; 2) the subject of liability; 3) the amount of compensation for moral damages. The initial principle of compensation for moral damage is the guilt of the person who has inflicted the moral damage, which means subjective expression of the person's attitude to his unlawful acts and their consequences. In some cases it is necessary to find out the form of guilt of the person who has inflicted the moral damage in order to make him liable for such damages.

Особенности компенсации морального вреда при защите имущественных прав граждан на пенсионные выплаты

Особенности компенсации морального вреда при защите имущественных прав граждан на пенсионные выплаты

ПРИМЕНЕНИЕ ГРАЖДАНСКО-ПРАВОВЫХ МЕХАНИЗМОВ КАК ОДНОГО ИЗ ПЕРСПЕКТИВНЫХ НАПРАВЛЕНИЙ ДЛЯ ВОЗМЕЩЕНИЯ УЩЕРБА УЧАСТНИКАМ ОБОРОТА ПИЩЕВОЙ ПРОДУКЦИИ

We presented an analysis of regulatory documents governing the application of civil law mechanisms in ensuring the quality and safety of food products. An assessment of the property damage to the consumer was made when purchasing non-conforming products, including food fraud in the Russian Federation, the Urals Federal District and the Sverdlovsk Region for certain food groups and their compensation. It was found that property damage to the consumer significantly exceeds the amount of compensation of its moral damage according to the results of the assessment. We determined that the amount of property damage for all participants in the turnover of food products is formed from the costs arising from the circulation of hazardous products, including falsified ones, as well as during the seizure of defective products and in the framework of bringing to administrative responsibility in the form of fines and / or compensation for moral damage. Considering the amount of damage arising from the circulation of low-quality and dangerous food products, the application of civil law mechanisms in the form of compulsory insurance is a promising area, which makes it possible to provide social and economic guarantees for property protection of participants in the turnover.

Компенсация морального вреда за нарушение налоговой тайны

Компенсация морального вреда за нарушение налоговой тайны

Распределение бремени ответственности за компенсацию морального вреда, причиненного при воздушной перевозке, между перевозчиком и страховщиком

Распределение бремени ответственности за компенсацию морального вреда, причиненного при воздушной перевозке, между перевозчиком и страховщиком

O INCIDENTE DE RESOLUÇÃO DE DEMANDAS REPETITIVAS E AS RELAÇÕES DE CONSUMO: Análise empírica da viabilidade jurídica

Diante do cenário de massificação de demandas judiciais, o presente artigo pretende analisar os principais argumentos e questionamentos das demandas relacionadas aos danos morais e aos planos de saúde, no Tribunal de Justiça Santa Catarina (TJSC), de forma a analisar a possível aplicação do incidente de resolução de demandas repetitivas, previsto no Código de Processo Civil, nesses casos. Para tanto, será realizada, primeiramente, uma análise do contexto atual do Poder Judiciário Brasileiro, apresentando o contexto de demandas repetitivas e massificação de contratos, bem como aspectos introdutórios do incidente de resolução de demandas repetitivas. Em seguida, será feita uma análise empírica jurisprudencial, quantitativa e qualitativa, do Tribunal de Justiça de Santa Catarina, realizando um estudo do tipo análitico transversal das demandas relacionadas ao tema, de forma a apresentar uma “radiografia argumentativa” dos acordãos da referida Corte. Conclui-se pela possibilidade da aplicação do IRDR nas demandas repetitvas relativos aos temas sob análise, com as devidas cautelas legais, levando em consideração o alto número de questões de fato que envolvem demandas judiciais que possuem, entre seus pedidos, indenização por dano moral.

Recovery of Damages as a Sanction in Family Law

Family conflicts are seldom resolved by legal means due to the personal and trust nature of family relations, and the moral and ethical means are used to regulate them. Only extreme, socially dangerous forms of conflict lead to the participation of the state in their resolution. The potential of the private law means of resolving such conflicts is not implemented to full extent. The article examines the possibility of recovering proprietary damage and compensating moral damage in family relations; it is noted that the RF FC lacks proper and sufficient regulation of these sanctions in the RF Family Law. The paper justifies the conclusion according to which tort obligations between the members of the family have a specific nature that is predetermined by a specific nature of proprietary relations (between spouses) and a high level of fiduciarity of family relations. Having examined Family Law in a number of foreign countries (Estonia, Germany, Belarus, Ukraine), the author concludes that it is necessary to pass a law to entrench in the RF FC the opportunity of compensation for proprietary damage and compensation for moral damage as a general method of protecting family rights.