What is moral suffering for the court. Description of physical and moral suffering example

We believe that the concept of “physical harm”, used in criminal law and criminal proceedings, as in civil law, occurs only in another aspect - when we're talking about about causing harm to health. From the point of view of civil law, the person himself cannot be classified as property, because it is priceless, therefore, causing harm to health (physical harm) cannot be attributed to either property damage, although it entails negative property consequences, nor to purely moral harm. Therefore, we believe that here we can talk about such a type of harm as non-property, namely personal non-property harm. Health is an intangible benefit that has its own specifics in comparison with other benefits non-property nature. Obviously, when harm is caused to these benefits, a person, in addition to physical suffering, experiences moral feelings.

However, the inclusion of the criterion “physical suffering” in the definition moral damage It should hardly be attributed to moral harm itself, since the latter is determined by nothing more than moral experiences, and the interrelation of physical suffering, moral experiences and moral harm, in turn, determines the logical sequence of such inclusion. Therefore, physical suffering and moral experiences are considered as single basis(although moral suffering is possible without physical suffering) to recover a compensation amount as monetary satisfaction for the “insult”: “Moral injury and physical suffering do not constitute grounds for two independent claims.” This position is adhered to by the supreme courts European countries, in particular the Supreme Court of Poland.

What is moral suffering?

Info

For example, in some area of ​​the region maximum payout for moral damage (precisely unproven) it will be 2000, and for the region itself ( main city, but small, not Moscow or Voronezh, for example), will be 5000. What bigger city, those more money they will give it. By the way, if you are suing a company (like, caused lipstick, and because of it I got a cold and I didn’t pass the selection process for the job), then sue where it is produced - even if it is not in Russia.

Not only will they pay you compensation, but they will also pay for your travel - because you are the victim (plaintiff) and these are costs) I will upset you... No matter what epithets you use, it is impossible to squeeze a tear out of the judges.

They are sometimes fired for slightly increased moral damages. The amounts of moral damages in the Russian Federation are, of course, simply ridiculous, and here it is better to rely on documents than on epithets.
A certificate from a psycho-physician (any doctor) will give more advantages.

Proving moral suffering in claims for compensation for moral damage

Attention

These feelings may be a consequence of:

• attacks on the life or health of a person or his close relatives;
• illegal deprivation or restriction of freedom;
• harm to health, especially resulting in deformity of exposed parts of the body;
• disclosure of personal, family or medical confidentiality;
• violation of the confidentiality of correspondence or telephone messages;
• distribution false information defaming honor and dignity;
• violation of the right to name or image;
• violations of copyright and related rights.

As we see, the key word in the definition of moral harm in legislation is “suffering,” and moral harm itself is characterized by two types of suffering: moral and physical. Moral suffering of varying depths can be caused by any unlawful action or inaction.

Legal advice: what is moral damage and moral suffering?

Subject of proof according to civil case is the totality legal facts (legal composition), forming the basis of the claim. In a case involving a claim for compensation for moral damage, this is a guilty, and in cases defined by law, an innocent commission by the defendant unlawful act, as a result of which the plaintiff suffered moral (or physical) suffering.

Procedural legislation also requires the parties to prove the circumstances they refer to. Thus, the plaintiff must independently prove the fact of harm caused to him. Analysis judicial practice gives grounds to assert that in the vast majority of claims with claims for compensation for moral damage, the amount claimed as such is, as a rule, not supported by anything. In order to avoid contradictions with the requirement of Art.

How can you colorfully describe the infliction of moral harm (damage) for a claim?

Often the basis for filing such a claim is also a psychologically traumatic situation, but in similar cases a qualified expert opinion is doubly necessary to determine the degree moral suffering. During the study carried out in 1998-1999. research among people who applied for psychiatric help due to psychotrauma, 84% were forced to turn to a psychiatrist as a result of suffering the consequences of an offense. In the study group of 40 people who went to the psychoneurological dispensary of the Vasileostrovsky district of St. Petersburg in the period from 1993 to 1998, 30 people (75%) were women. men - 10 people (25%), from which we can conclude that women are more susceptible to psychological trauma. The age of the patients ranged from 22 to 78 years ( average age- 40.8 years).

Raa Law

If one of the judges raises the standard for moral harm, this will give other lawyers the opportunity to demand the same. Therefore, in many areas there is a “permitted” ceiling, beyond which few judges go... Quite recently I wrote a statement of claim, in which I also indicated a clause on moral damage. I wrote the following epithets: low self-esteem, insomnia, causeless panic fear, loss of faith in humanity, disappointment in life, prolonged depression.
Do you know the answer? 0 need help? See also: Can I sue the court in my place of residence, not the defendant? Does a pedestrian have the right to compensation for moral damages (see.

Physical suffering as a sign of moral harm

Civil Code of the Russian Federation), while physical harm is any negative changes in the human body that impede its successful biological functioning. Since morality and morality are concepts equal in meaning, it would be correct to talk only about the presence of moral suffering. But the feelings that a person experiences when harm is caused to him are the field of study by psychologists, biologists and other specialists. The task of lawyers is to recognize a violation specific right or good belonging to the subject rights, by enshrining them in the rules of law. There is a certain criterion by which one can determine the difference between these two types of suffering and their relationship.
According to the explanation of the Plenum of the Supreme Court of the Russian Federation, moral harm is a person’s moral experiences associated with various circumstances, such as:

• loss of relatives;
• inability to continue an active social life;
• disclosure of family or medical secrets;
• job loss;
• dissemination of false information about a person, discrediting his honor, dignity or business reputation;
• temporary restriction of rights or deprivation of rights;
• physical pain as a result of injury, as well as other damage to health caused by a disease caused by moral suffering, etc.

The above list is far from complete.
This is due to the fact that physical suffering, firstly, is quite obvious, and secondly, it is almost always easily proven by all kinds of written documents. medical certificates.Under moral suffering in the sense of Art. 151 of the Civil Code of the Russian Federation most often means not just “excitement,” “resentment,” “annoyance,” but changes in the victim’s psyche acquired as a result of an offense. Psychiatrists here primarily distinguish functional diseases nervous system, caused by external stimuli, in which a “disruption” of brain activity occurs without any signs of its anatomical damage.

Description of physical and moral suffering example

The damage in this case can be both intangible and physical torment. Moral suffering is such emotions that accompany a person when experiencing fear, shame, humiliation, depression, apathy and other negative feelings. Moral suffering may result from the following situations:

• Attempt on the life and health of the victim or his relatives;
• Restriction or deprivation of liberty is unlawful;
• Damage to health;
• Disclosure of medical or personal confidentiality;
• Slander;
• Copyright infringement;
• Financial losses for compensation for moral damage.

What the civil code says Physical or moral suffering in civil law is called moral harm, which violates intangible rights and human benefits.

To the question of moral and physical suffering! Prompt given by the author a lion the best answer is moral suffering is much more painful and lasts longer than physical suffering

Answer from K1b0rg[guru]
read the book Erdelevsky A. M. "Compensation for moral damage - analysis and commentary on legislation and judicial practice"
Everything on this topic is covered in detail there.

Answer from compound[guru]
Moral suffering is suffering related to the internal, spiritual sphere of a person.
As a rule, difficulties in proving physical suffering arise infrequently. This is due to the fact that physical suffering, firstly, is quite obvious, and secondly, it is almost always easily proven by all kinds of written medical evidence.
Under moral suffering in the sense of Art. 151 of the Civil Code of the Russian Federation is most often understood not simply as “unrest”, “resentment”, “annoyance”, but as changes in the psyche of the victim acquired as a result of the offense. For example, an ex-wife called her husband from another city and said that his aunt had died. My husband bought tickets and went, and when he arrived. then the aunt is alive. Now the husband can demand ex-wife moral harm, since moral harm was caused to him, in particular, he was worried that his aunt died, he had to buy for blet, etc.
physical harm, which would be more appropriately called organic harm, represents any negative changes in the human body. Physical (organic) harm is materialized harm; negative changes occur in the body under the influence of certain external influences. These changes, in turn, lead or may lead to changes in the state of mental well-being and (or) in the property sphere of the individual. For example, injury as a result of a fight is already physical suffering.

Answer from catchy[guru]
EXPLANATION
How did I suffer moral damage and my calculation of its magnitude?
Notes:
-I give my assessment of the moral damage caused to me separately for each violation, since each violation could be the subject of an independent trial, each violation, even taken separately, constitutes a violation of my rights guaranteed by the ECHR
- my general assessment of moral damage is stated in statement of claim from October 23, 2002 – 370,000 euros
1.cancellation of the court decision of November 18, 1997 on fictitious grounds that clearly do not correspond to reality - violation of the right to justice (clause 1 of Article 6 of the ECHR) - my estimate is 60,000 euros
2. reduction in the size of my TZV in September 2000 – violation of the right to justice (Article 6, paragraph 1, ECHR and Article 1 of Protocol No. 1 of the ECHR) – my estimate is 20,000 euros
3. indexation of my VZZ from 01/01/2001 as social benefits, that is, discrimination against me in comparison with other recipients of the ECHR (clause 1 of Article 6 of the ECHR, Article 1 of Protocol No. 1 of the ECHR taken separately and in combination with Article 14 of the ECHR) - my estimate is 20,000 euros
4. forced replacement of my VVZ with social benefits in fixed size, that is, complete cessation VVZ payments(clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1 of the ECHR taken separately and in combination with Article 14 of the ECHR) - my estimate is 20,000 euros
5. Plenum of the Supreme Court of the Russian Federation No. 35 of December 14, 2000 (clause 1 of Article 6 of the ECHR) - (which ordered the Civil Code of the Russian Federation not to apply to my cases, and pointed out improper defendant – pension authorities) - my estimate is 40,000 euros
6. Government Resolution No. 143 (clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1 taken separately and in combination with Article 14 of the ECHR) (prescribing not to comply by force court decisions on claims against budget recipients) - my estimate is 5000 euros
7. Ministry of Justice (clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1 taken separately and in combination with Article 14 of the ECHR) - (which sent out letters of inadmissibility to the SSP enforcement court decisions regarding budget recipients) - my estimate is 5000 euros
8.CC of the Russian Federation (Clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1 taken separately and in combination with Article 14 of the ECHR) - (giving mutually exclusive interpretations of the minimum wage in Resolution No. 11-P of June 19, 2002 taken by itself on its own, and in conjunction with definitions from the same year No. 15-O and 191 – O) - my estimate is 30,000 euros
9. non-compliance with even 5-FZ (clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1) (in terms of annual indexation even a social benefit of 2,500 rubles) - my estimate is 20,000 euros
10. Disguising the consideration of my case in the Proletarsky Court of Rostov n/a (clause 1 of Article 6 of the ECHR and Article 1 of Protocol No. 1):
- the proceedings in the case were suspended even though I deliberately limited my claims to the minimum that could not be affected by the consideration of my complaint by the Constitutional Court of the Russian Federation
-after the announcement of the Resolution of the Constitutional Court of the Russian Federation, production was not resumed for 5 months - my estimate is 50,000 euros
11. consideration of my cases illegal composition court (clause 1 of article 6 of the ECHR) - my estimate is 40,000 euros
12.violation of the adversarial principle when considering my complaint to the Constitutional Court of the Russian Federation (clause 1 of Article 6 of the ECHR) - I was denied access to the case materials - my estimate is 25,000 euros
13.intervention of the Ministry of Labor of the Russian Federation and the Ministry of Finance of the Russian Federation in justice (letters to the Supreme Court of the Russian Federation with demands to suspend the consideration of cases of disabled people of the Chernobyl Nuclear Power Plant (Ministry of Finance of the Russian Federation), a demand to change the judicial practice regarding disabled people of the Chernobyl Nuclear Power Plant (Ministry of Labor of the Russian Federation) - paragraph 1 of Article 6 of the ECHR - my estimate 15000 Euro
14.violation of the right to information (Article 10 ECHR):
– refusal to communicate the list of judges who are dependent on the executive authorities
– refused to explain the reasons for the violation legal rights judges making them dependent on executive authorities
– refused to issue a copy of the order of the Government of the Russian Federation to expel a representative to a court hearing in the Proletarsky Court of Rostov n/a in 1997.
– refusal to issue a transcript of the consideration of my complaint to the Constitutional Court of the Russian Federation - my estimate is 20,000 euros
9.11.2002
None of my fourteen allegations of emotional distress district court Not

Answer from chevron[guru]
In accordance with paragraph 2 of the Resolution of the Plenum Supreme Court RF dated December 20, 1994 N 10 “Some issues of application of legislation on compensation for moral harm” (as amended on October 25, 1996, January 15, 1998) “Moral harm is understood as moral or physical suffering caused by actions (inaction) encroaching on owned by a citizen from birth or by force of law intangible benefits(life, health, personal dignity, business reputation, integrity privacy, personal and family secret etc.) or violating his personal moral rights(the right to use your name, the right of authorship and other moral rights in accordance with the laws on the protection of rights to results intellectual activity) or violating the property rights of a citizen.
Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue active social life, loss of work, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restriction or deprivation of any rights, physical pain associated with injury, other damage to health or due to illness suffered as a result of moral suffering, etc.
It should be taken into account that Article 131 of the Fundamentals civil legislation USSR and republics, responsibility for moral damage caused to a citizen by unlawful actions has been established, even in cases where the law does not special instruction about the possibility of compensation."
Although a person suffers in many cases, including as a result of the unlawful actions of others, this does not mean that he always acquires the right to compensation for moral damages. This right arises when there is provided by law conditions or grounds for liability for causing moral damage. The obligation to compensate for moral damage arises if:
1) suffering, i.e. moral harm as a consequence of violation of personal rights property rights or encroachments on other intangible benefits;
2) unlawful action (inaction) of the harm-doer;
3) causation between unlawful action and moral damage;
4) the guilt of the harm-doer.
During court session I consistently proved the guilt of the harm-doer - the construction company, and the court of the first instance recognized my arguments as justified, making a decision obliging the harm-doer to eliminate the violation of my rights.
However, the court of 1st instance, for an unknown reason, did not take into account the negative impacts on my psyche that were caused by actions (construction of low-quality residential premises) and inaction (reluctance to respond to my claims and voluntarily eliminate significant shortcomings residential building, creating a clear threat to my life).
My moral suffering was aggravated by the presence of numerous facts in the means mass media about the consequences of settlement and operation of housing poor quality. All this together, throughout the entire period of time I lived in the specified residential premises, forced me to be in a constant state of concern for my life and the health and health of my daughter, who was also forced to live in life-threatening conditions.
Having become familiar with the expert opinion on the causes of the collapse of house No. 32 on the street. N. Ershov, which happened on May 8, 2002, I am forced to live in a state of fear, because just as in the case of Ershov, 32 walls of my apartment, the walls of my daughter’s apartment, located above me, and other residents of the apartments of the building located along the riser, are under constant negative impact aquatic environment. The walls, just like in the house of Ershov, 32, began to collapse under the influence of moisture, the mortar holding the walls was washed away, and combined with the use of building materials of inadequate quality, all this sooner or later

Answer from Oksana Oksana[guru]
moral suffering, this is, for example, you were very worried about something, so much so that you had to see a doctor, or you have trouble falling asleep at night because of this, your blood pressure has risen because of this
for example: The nervous stress I received still does not go away. After what happened, I became irritable and nervous, I have difficulty falling asleep at night, and after falling asleep, I often wake up and start crying for no reason. I still get nervous when someone I don’t know stands behind me or approaches me from behind. At these moments, my heart begins to pound, my chest feels tight and it becomes difficult to breathe. For two months I was forced to take sedative pills, but since the state of fear and depression did not go away, I had to see a doctor -…..(extract attached).

Answer from Lantsev Maxim (not me)[active]
There is no moral suffering: all this is prejudice!

Moral hazard on Wikipedia
Look at the Wikipedia article about Moral Harm

The subject of proof in a civil case is the totality of legal facts (legal composition) that form the basis of the claim. In a case of a claim for compensation for moral damage, this is the guilty, and in cases defined by law, the innocent commission of an unlawful act by the defendant, as a result of which the plaintiff suffered moral (or physical) suffering. Procedural legislation also requires the parties to prove the circumstances they refer to. Thus, the plaintiff must independently prove the fact of harm caused to him. An analysis of judicial practice gives grounds to assert that in the vast majority of claims with claims for compensation for moral damage, the amount declared as such is, as a rule, not confirmed by anything. In order to avoid contradictions with the requirement of Art.

What is moral suffering?

Suffering is feelings, the emotional state of a person in the form of negative experiences that arise under the influence of events that traumatize his psyche and health, deeply affecting him personality structures, mood, well-being and other values. The emotional profile of suffering is considered one of the complex ones, since suffering itself, separately, in its pure form, is extremely rarely observed.

Suffering is usually accompanied by fear, mental tension, post-traumatic stress conditions, anger, impulsivity, affect, feelings of guilt, shame, and other negative mental and emotional states. The most common connection is between suffering and fear, suffering and stress (frustration).
Thus, a threat, real or imaginary (intimidation), to commit a crime against a person can cause fear.

Legal advice: what is moral damage and moral suffering?

SUMMARY SIMILAR ARTICLES The concept of mental (Criminal Code of the Russian Federation) and moral (Civil Code of the Russian Federation) suffering. It has long been noted that man is not only a rational being, but also, no less, a suffering being.

Info

As our great Russian poet noted, “to suffer is a mortal’s lot.” By the way people endure everyday adversities, how they behave under stress, they show individual style reactions, experiences of various unfavorable factors, including those of a criminal nature, we judge the suffering they experience and evaluate their state of mind.

It is no coincidence that the legislator whole line legal norms criminal and civil legislation introduced such concepts as “mental suffering” (Article 117 of the Criminal Code), “moral suffering” (Article 151, 1101 of the Civil Code).

Proving moral suffering in claims for compensation for moral damage

An improper defendant is a person in respect of whom his involvement in the disputed circumstances is excluded. Since moral damage is compensated by the causer if the defendant is at fault, his replacement in this case is prerequisite to establish the truth within the process.

When replacing an improper defendant, his consent is not required. It is only necessary on the part of the plaintiff. If the plaintiff does not agree to replace the improper defendant, the court may involve this person as a second defendant.

The second defendant cannot be considered as a co-defendant, because his interest in the process is opposite to the interest of the main defendant in the case. if the debtor does not pay, in the near future it is planned to develop a bill that will make it possible to deprive driver's license persons with a debt of more than 10,000 rubles.

Mental and moral suffering

The question of whether such damage is subject to personal income tax is given an extremely clear answer by Art. 217 of the Tax Code of the Russian Federation: legally established compensation for harm caused to life or health is not subject to income tax individuals. Regarding the answer to the question whether compensation is taxable legal entity, then in this case it is worth proceeding from the norms of Chapter 23 of the Tax Code of the Russian Federation. Income tax is paid, since there are no grounds for its exclusion from total amount profit of the organization. problems of compensation for mental damage in civil law The main problem regarding obtaining compensation for such damage is proving and proving the losses incurred. If it is much easier to prove physical suffering, then difficulties arise with mental trauma.
Factual data that confirms suffering must be extremely convincing to the court, otherwise there will be no hope of receiving compensation.

Moral injury

Damage is considered to be any adverse changes in existing property and non-property benefits. It is expressed in physical and mental suffering that arises due to violation of intangible rights.
Thus, its types can be considered:

• encroachment on the life and health of the victim or his relatives;
• unlawful deprivation of freedom or right;
• disclosure of family, personal or medical secrets;
• violation of the confidentiality of correspondence and messaging;
• dissemination of untrue information that discredits the honor and dignity of a person;
• violation of copyright and other personal, inalienable rights.

In general, moral damage can be divided into two large groups: that which is associated with the physical suffering of a person or his loved ones, and also that which is associated with moral feelings personality.

How are moral suffering different from moral suffering?

Most often, compensation for damage in criminal law is associated with the existence of harm of the first group. Moral damage in civil law has more in common with situations that are expressed by moral suffering. succession

According to Art. 20-23 of the Constitution of the Russian Federation, non-property rights are those that cannot be separated from a certain person. But in the case of compensation for moral damage, legal succession is possible.

Personal non-property rights and other intangible benefits that belonged to the deceased may be protected by third parties, including his heirs (Article 150 of the Civil Code of the Russian Federation). Thus, a sign of non-transferability personal rights does not affect their protection and implementation after the death of a person.

examination When determining the amount of compensation for damage, the court takes into account such a factor as the degree of physical and moral suffering of the victim (Article 151 of the Civil Code of the Russian Federation).

What are the types of moral suffering?

What do the concepts of moral harm and moral suffering mean in a legal and universal sense? The modern interpretation defines moral harm (or damage) as unfavorable changes to which legally protected human goods, property or non-property, are subjected, leading to moral or physical suffering. Personal non-property benefits listed in Articles 20-23 of the Constitution and Part 1 of Article 150 Civil Code Russian Federation.

These are life, health, freedom, personal integrity, the right of free movement, honor and dignity, good name and business reputation, personal and family secrets, choice of place of residence, Copyright and other intangible benefits that a person receives from birth or by law and which are inalienable and non-transferable to other persons.

Another difficulty arises when establishing the degree of guilt of the offender and the degree moral suffering violator. In many ways, this remains the subjective opinion of the court, even in the presence of an expert opinion.

And there is logic in this. After all, who, except the victim himself, can really assess the degree of impact negative emotions for a person's life? is compensation possible for the future Any harm is real and not an abstract concept. It is not possible to receive compensation for possible damages expected in the future.

Attention

After all, how can you confirm damage in such a case if there is no physical or mental suffering or other non-property losses? Future compensation is only possible for material damage.

It is this that involves covering losses associated with lost profits in the past or future.
Thus, moral harm and harm to health are reduced to a single concept, called non-property damage. How is the concept of health defined? Health is a state of complete physical, mental and social well-being.

And any misconduct or inaction in relation to a citizen can deprive him of at least one of the components of such well-being. It follows from this that, in their essence, moral harm and harm to health partially coincide, since a suffering person certainly loses mental well-being.

Now consider the concept of suffering. What kind of condition is this? Suffering is an emotional state of a person caused by negative experiences that arise under the influence of events that traumatize his psyche and affect his mood, well-being and, of course, health.

What are moral sufferings and how are they expressed?

For moral damage caused, liability may follow, the framework of which is formed court decision. A person may receive moral damage after certain events, namely:

• Deaths of loved ones;
• Inability to lead a normal life;
• Job loss;
• Disclosure of medical confidentiality;
• Slander, defaming the reputation of a citizen;
• Physical pain from injury;
• Illnesses due to experienced negative events.

Moral suffering, affecting mental and physical health personality, determine the nature of physical and moral suffering. Based on this, they can be divided into degrees:

1. Mild suffering.

Legal instructions 9111.ru will tell you what needs to be taken into account when drawing up a claim for compensation for moral damage, what to base on when calculating the amount of compensation and how to confirm moral damage. Refund legal expenses- what do you need to know? What is moral hazard? Moral harm means physical and moral suffering that was caused to a citizen by a violation of his non-property and some property rights, as well as an encroachment on his intangible benefits (Resolution of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 N 10 “Some issues of application of legislation on compensation for moral harm” ).

Legal advice: what is moral damage and moral suffering?

For example, for compensation for moral damage in connection with violation of consumer rights, the court, as a rule, takes into account the following circumstances: the nature of violations of consumer rights and the consequences that resulted improper execution obligations of the defendant, the degree of guilt of the harm-doer, the consumer’s need for the product, the duration of the inconvenience that the consumer experienced in connection with the violation of his rights, the attitude of the harm-doer to the current situation, his willingness to satisfy the consumer’s claims, financial situation consumer and causer of moral harm (Review of judicial practice on disputes on the protection of consumer rights when selling goods to consumers, considered by district (city) courts and magistrates Saratov region in 2011 – 2012). The final amount of compensation is determined by the court, based on the principles of reasonableness and fairness.

What is moral suffering?

Persons with initial (before the study) mental illness— 12.5%; traumatic brain injuries - 5%; with a diagnosis of “primitive intelligence” - 5%. The study showed that, due to the characterological characteristics of perception, 25 out of forty people applied, of which 64% (16 people) experienced a long-term psychologically traumatic situation due to systematic insults, including offenses. It is interesting to note that law enforcement agencies do not even participate in the chain “harm-doer - victim - doctor” due to the fact that most of patients (56%) suffer insults from relatives, and 8% from neighbors in the apartment.

Raa Law

Attention

If we are talking about a violation of property rights, then it is necessary to take into account whether the law in a particular case provides for the possibility of compensation for moral damage (Article 1099 of the Civil Code of the Russian Federation). Proving moral suffering in claims for compensation for moral damage Obviously, this amount is not included in the subject of proof in a claim for compensation for moral damage.

Attention The subject of proof in a civil case is the totality of legal facts (legal composition) that form the basis of the claim. In a case of a claim for compensation for moral damage, this is the guilty, and in cases defined by law, the innocent commission of an unlawful act by the defendant, as a result of which the plaintiff suffered moral (or physical) suffering.
Procedural legislation also requires the parties to prove the circumstances they refer to.

Proving moral suffering in claims for compensation for moral damage

Often, the basis for filing such a claim is also a psychologically traumatic situation, however, in such cases, a qualified expert’s opinion is doubly necessary to determine the degree of moral suffering. During the study carried out in 1998-1999. research among people who sought psychiatric help as a result of suffering psychotrauma, 84% were forced to turn to a psychiatrist as a result of suffering the consequences of an offense. In the study group of 40 people who applied to the psychoneurological clinic of the Vasileostrovsky district of St. Petersburg in the period from 1993 to 1998, women - 30 people (75%), men - 10 people (25%), from which we can conclude that women are more susceptible to psychological trauma.

The age of the patients ranged from 22 to 78 years (mean age: 40.8 years).

All this ultimately gives rise to moral suffering, which is in the nature of moral harm. It consists of loss of a job, disclosure of medical confidentiality, dissemination of information discrediting the person that is false, pain from injury or from a disease that was the result of moral damage And so on.

Info

Moral suffering is a feeling of anxiety after certain events that happened in the past. This can provoke stress, fear, and shame.

Experienced emotions can affect both mood and mental and even physical health. Moral suffering in the concept of moral harm Morality is a type of social consciousness and social relations.
By using certain type norms it regulates human behavior. Concepts such as good and evil, justice, humanity formed the basis of morality.

Liveinternetliveinternet

Moral harm, in particular, may consist of moral feelings in connection with the loss of relatives, the inability to continue an active social life, loss of a job, disclosure of family or medical secrets, dissemination of untrue information discrediting the honor, dignity or business reputation of a citizen, temporary restrictions or deprivation of any rights, physical pain associated with injury, other damage to health or in connection with an illness suffered as a result of moral suffering, etc. (Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 20, 1994 N 10 “Some issues of application of legislation on compensation moral harm"). If we are talking about a violation of property rights, then it is necessary to take into account whether the law in a particular case provides for the possibility of compensation for moral damage (Art.

1099 of the Civil Code of the Russian Federation).
Suffering is usually accompanied by stress, anxiety, fear, grief, and shame, so the presence of these signs confirms the suffering a person has experienced and can serve as evidence of moral or physical harm. www.Advokat.Kollegia.RU The cause of grief is most often a loss, which can be either temporary or permanent, psychological or physical. The greatest feeling of grief occurs when you lose a loved one.

Other types of losses are loss of motor ability, intellect, self-esteem and certain material objects (for example, Money). Fear may be caused by physical pain or threat violent death. Some are afraid of an accident, while others are afraid of losing their health.
Despite the fact that civil procedural legislation speaks of the equivalence of all evidence, it seems that, based on the specifics of moral harm, namely, from the frequent absence of any external signs moral suffering of a person, to conclude the presence (absence) of such, their degree and the amount of compensation alone testimony, which may be biased and biased, are not enough; secondly, due to the lack of a methodology for determining the amount of compensation for moral damage and often due to the desire to “revenge” the offender, forcing him to pay a significant amount, often the amount monetary compensation V claims can be excessively inflated, which becomes especially relevant when the plaintiff requests to secure the claim by seizing the defendant’s property.

Moral suffering in the concept of moral harm examples

When considering cases related to violation of consumer rights, the plaintiff is exempt from paying state duty if the amount of claims does not exceed 1,000,000 rubles. Incorrect information in the media - how to achieve a refutation and compensation for harm? How to determine the amount of compensation for moral damage? The law provides very vague criteria from which to base the calculation of the amount of compensation.
Articles 151 and 1101 of the Civil Code of the Russian Federation include the degree of guilt of the offender and the suffering of the person who suffered harm. It is added to this that it is necessary to take them into account individual characteristics and other noteworthy circumstances.

SUBJECT. Emotional and volitional processes

QUESTION. EMOTIONAL STATES.

FRUSTRATION

Situation of deprivation- lack of necessary means to achieve a goal or satisfy a need.

Situation of loss.

Conflict situation (eg love triangle).

Mental conditions with frustration are diverse:

ü aggression,

ü fixation - stereotyping, repetition of actions,

ü depression,

ü regression.

F. varies in duration.

acc. with part 2 of article 61 of the Criminal Code of the Russian Federation, frustration m.b. mitigating circumstance.

STATE OF FEAR

Fear is an unconditional reflexive emotional reaction to danger, expression. in a sharp change in the functioning of the body.

In most cases, fear causes a strong sympathetic discharge, cat. manifests itself in screaming, running, grimacing.

This is a negative emotional state that manifests itself when the subject receives information about a possible threat to his well-being in life, about a real or imagined danger.

A person, experiencing fear, has only a probabilistic forecast of possible troubles and acts on the basis of this forecast.

Highest degree fear, cat m. develop into an affect called. horror.

Horror is accompanied by a sharp disorganization of consciousness, numbness or erratic muscle overexcitation.

ANXIETY

Typical for persons who have experienced psycho-traumatic influences, and so for persons with deviant mental health. development.

T. - an individual’s tendency to experience a state of anxiety.

Anxiety is an emotion. condition, arising in a situation of real or perceived danger, a situation of expectation of an unfavorable development of events, pointless fear, cat. often associated with failures in social media. interaction.

A state of anxiety prompts a person to specify the source of danger to active research an alarming situation or general disorganization of behavior.

Fixation on the source of anxiety.

SUFFERING

S. - a person’s feelings and emotions in the form of negative experiences that arise under the influence of events that traumatize his psyche, deeply affecting his personal structures, his well-being and health.

The law mentions two varieties suffering:

1. Moral mental suffering is directly related to a person’s personal deep structures. It is they who are targeted by the encroachment and this causes a strong response in the form of denial. experiences.

2. Physical suffering, communications causing pain and suffering to a person. Manifest as a result of moral suffering, for example, psychosomatic disorders.

Signs of suffering:

1. Outwardly, a suffering person looks sad, detached from current events, and disconnected from people.

2. A person experiences loneliness, isolation especially from those who care about him, despondency, loss of spirit.

3. The general is violated physical state, sleep, appetite.