Physical and moral suffering. Suffering

There are situations in life that negatively affect a person’s behavior. It's all to blame intentional acts an individual or the whole organization. As a result, the victim experiences not only material damage, but also emotion, which, one way or another, can affect the future life of the victim.

All this ultimately gives rise to moral suffering, which is in the nature of moral harm. It consists of losing a job, disclosing medical confidentiality, dissemination of defamatory information that is false, pain from injury or illness that resulted from moral damage And so on.

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 public relations. By using certain type norms it regulates human behavior. Concepts such as good and evil, justice, humanity formed the basis of morality. The requirements of moral standards are regulated only by the forces of spiritual influence.

In its turn, moral injury- These are moral sufferings that were inflicted with or without intent. They are expressed by feelings of humiliation, loss, anxiety, which can leave a mark on the human psyche in the future. 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 does the civil code say?

Physical or moral suffering in civil law is called moral damage, which violates intangible rights and human benefits. Intangible benefits include life, health, personal dignity, reputation, privacy, family or personal secrets. Intangible rights are Copyright, the right to use the name. And also moral harm can violate property rights person. 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, influencing the mental and physical health of the individual, determines the nature of physical and moral suffering. Based on this, they can be divided into degrees:

1. Mild suffering. Short-term negative emotions who don't leave serious consequences in future;
2. Moderate suffering. Long-term, they can have an impact on the psycho-emotional balance of the individual during memories. Does not have consequences for the future of the victim;
3. Heavy. Cause mental disorders and must be accompanied by appropriate treatment;
4. Particularly severe suffering. Causes serious damage to a person's personality. As a result, a serious mental disorder may develop;
5. The experienced situation can completely break a person’s psyche and is accompanied by a disintegration of personality.

For a more complete assessment of these concepts, there are a number of signs:

• The power of suffering;
• Duration;
• Level;
• Content (development of certain complexes that require different approach to correct them).

And also when assessing moral damage, the duration of negative experiences and their impact on the future life of the victim are taken into account.

Evidence in court

One claim written by the victim is not enough. It is necessary to present all possible evidence of the moral suffering experienced by the individual. Witness testimony is allowed. It is important to document the fact that a citizen consults a doctor, for example, if depression, obsessive fears or other health problems occur. You can present receipts for treatment or, for example, for renovation work, if damage is caused to the property of a citizen.

Moral damage is determined by the intangible benefits that were damaged.

Moral suffering examples for the court (sample):

A citizen can file a lawsuit if someone disseminates information defamatory to honor and dignity, and he has the right to demand compensation for moral damage caused, as well as a refutation. The claim will be satisfied if the defendant does not prove the truth of his words.

The stress experienced as a result of job loss or unfair dismissal may serve as grounds for filing a lawsuit against the organization in which the citizen worked.

To the question 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 damage, since he was caused moral harm, in particular, he was worried that his aunt had 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 the statement of claim dated 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 a social benefit in a fixed amount, 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 of even social benefits in the amount 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 were suspended even though I deliberately limited my claim 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 by an illegal composition of the 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 of the Supreme Court of the Russian Federation dated December 20, 1994 N 10 “Some issues of application of legislation on compensation for moral damage” (as amended on October 25, 1996, January 15, 1998) “Moral damage means 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 an active social life, loss of a job, the disclosure of family or medical secrets, the dissemination of untrue information discrediting honor, dignity or business reputation citizen, temporary restriction or deprivation of any rights, physical pain associated with injury, other damage to health or in connection with a disease suffered as a result of moral suffering, etc.
It should be taken into account that Article 131 of the Fundamentals of 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 if there are conditions or grounds for liability for moral damage provided by law. The obligation to compensate for moral damage arises if:
1) suffering, i.e. moral harm as a consequence of violation of personal non-property rights or encroachment 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 the court hearing, I consistently proved the guilt of the harm-doer - the construction company, and the court of the first instance recognized my arguments as reasonable, 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

When we're talking about O material damage, citizens roughly understand the principles of calculating compensation. Infliction of moral damage, consideration of the case and evidence in court raise many questions. To find out what kind of physical and mental suffering you can recover compensation for, and in what order such cases are considered, you should contact legal norms Russian Federation.

What is moral harm

IN civil law The concept of moral damage implies causing physical or mental suffering to the victim. If in the first case almost no one has any difficulty interpreting the question, then in the second the harm lies in the person’s moral feelings. Reasons may be related to work, interpersonal relationships and so on. In accordance with civil law, psychological damage is considered to be actions that result in the victim feeling fear, humiliation or shame.

Laws and regulations of the Russian Federation

Opportunity Russian citizens to demand monetary compensation are enshrined in the Civil Code (Civil Code of the Russian Federation), the Constitution and the Resolution of the Plenum of the Supreme Court. Legislative acts provide financial liability for causing moral damage to the victim. To recover monetary compensation from the defendant during the review process civil action it is necessary to prove that his actions or inaction constituted an infringement on the non-property rights of the victim.

According to the legislation of the Russian Federation, intangible benefits include:

• health;
• business reputation of a person;
• right to privacy;
• the ability to choose a place of residence anywhere in the world;
• dignity and authority;
• copyright;
• the right to unhindered movement;
• right to medical and family confidentiality
• reputation of legal entities.

The damage is compensated by the causer in following cases:

1. The fact of moral suffering of the victim due to the violation of his non-property rights was established.
2. An action or inaction of the defendant was established that resulted in psychological suffering to the victim.
3. During the investigation, the connection between the actions or criminal inaction the defendant and the harm caused was established.
4. The guilt of the person who caused the damage has been proven in court.

In addition, the victim may demand compensation for damages, even if the defendant’s guilt is not proven, in the following cases:

1. The damage was caused by a source representing increased danger for others.
2. Harm caused to a citizen by unlawful actions investigative authorities: wrongful conviction, taking a recognizance not to leave, administrative arrest, taking the victim into custody.
3. False information was disseminated about the victim, discrediting his honor and dignity, and undermining his business reputation.

Arbitrage practice

Compared to property damage, proving moral damages is much more difficult. In order for the court to agree with the plaintiff’s demands and award compensation, it is necessary to convince him that the physical deterioration of health and mental problems of the victim are a consequence of the defendant’s activities. One of the high-profile cases was the meeting when a family from St. Petersburg received the largest compensation - 15 million rubles for the resulting disability and subsequent death of the child.

One more a shining example is the process of considering a claim from a German citizen to the Ukrainian government. She demands compensation for moral damage caused by the death of her child in the crash of a Malaysian Boeing. The amount of compensation requested by the woman is $1 million. The plaintiff’s lawyer believes that they have every chance of winning the case, because Ukraine should have closed the zone airspace during the period of hostilities.

What is moral compensation for?

The penalty is awarded in case of violation of the non-property rights of citizens. The victim is compensated for moral damage in the following cases:

• physical suffering from the injury and stress;
• heartache from loss close relative;
• loss of normal functioning due to acquired disability;
• slander;
• making correspondence or conversation public;
• illegal dismissal From the job;
• insult;
• deterioration of psychological state;
• disclosure of medical, family or private secrets victim.

Physical suffering of the person and his loved ones

Under the moral damage caused, which was the result of physical influence (torture, bodily harm, infection infectious disease, attempt on the life of a person or his loved ones, causing deformity), refers to the stress of the victim due to the actions of the perpetrator. The rules for protecting the intangible benefits of Russians are reflected in the civil code (Article No. 12 and No. 150, part 2). One of the measures to suppress the defendant’s actions to inflict moral suffering associated with bodily harm, named financial compensation.

Moral suffering

The legislation of the Russian Federation defines moral damage as the moral suffering of the victim, expressed by discomfort, shame, humiliation, despair, a feeling of personal inferiority, anger, irritability and depression. These feelings can be caused by the following actions of the perpetrator:

• illegal restriction of freedom;
• disclosure of personal or medical confidentiality of the victim;
• copyright infringement;
• slander;
• violation of secrecy telephone conversation or correspondence;
• spreading false information discrediting the dignity and honor of the victim.

Compensation for moral damage in civil law

In accordance with Article 1064 of the Civil Code, the damage caused by the perpetrator to the victim must be fully compensated in the form sums of money. The amount of compensation is calculated by the court depending on individual circumstances. When considering a claim, not only the nature of the damage caused must be taken into account, but also the degree of guilt of the defendant. The final amount of compensation in civil law does not depend on the size property damage, if it was declared by the plaintiff. The assessment of the nature of physical and moral suffering is carried out separately in each specific case.

Moral damage in an accident

In case of accidents, except compensation property damage caused by damage vehicle, the applicant has the right to demand compensation for moral damages. Taking into account the degree of guilt of the offender, the court assigns payments. As a rule, the declared amounts are reduced several times, but in such cases the plaintiffs often receive significant compensation. Statistics court orders shows that in case of an accident you can receive a payment of 100-800 thousand rubles for moral damage. The victims themselves or the relatives of those killed during the accident can demand compensation.

Compensation for property damage

By law, property damage refers to any damage to the personal property of the victim. To recover compensation from the perpetrator you must:

1. Prove the fact of property consequences.
2. Determine the amount of damage (required mutual agreement parties or examination).
3. Presentation pre-trial claims.
4. If there is no result, then you need to go to court.
5. The statement of claim must contain the essence of the plaintiff’s demand and information about the damage caused.

Violation of consumer rights

Another administrative crime for which monetary compensation is provided is violation of consumer rights. Amount of penalty for improper provision services or the quality of goods is calculated without taking into account the cost of the product. For such claims, compensation can range from 5-50 thousand rubles. As a rule, the amounts declared by the court are underestimated. However, it is possible to compensate for losses incurred by the consumer due to payment medical services.

Compensation for non-property benefits

This type of moral damage is not limited by the statute of limitations. Russians can file a claim at any time for:

• recognition of copyright;
• recognition of the invalidity of state acts that violate personal rights plaintiff;
• restoration of honor and dignity of the victim.

Application of the law on violation of non-property rights in court is possible if the following grounds exist:

1. The defendant violated the plaintiff's freedom of movement.
2. Tourist agency did not fulfill the terms of the contract with the client.
3. The notary violated the secrecy of the will.
4. False information was disseminated, discrediting the honor of the victim.
5. The doctor violated medical confidentiality.
6. The author's rights to any work (book or music), name, photograph or publication are violated.

Compensation in labor relations

The issue of compensation for moral damage by employers may be associated with the following illegal actions tortfeasor:

• refusal to grant another leave;
• illegal dismissal;
• injury to an employee at work;
• illegal demotion;
• delay wages;
• discrimination (by age, gender) caused by the employer’s inaction;
• violation of the non-property rights of the victim.

The court in such cases is guided by civil and labor codes to make decisions. The employer's responsibility is to create good conditions labor, provide annual leave and pay employees salaries on time. IN otherwise The employee is entitled to compensation for moral damages. The reasons for this may be different. In addition to the grounds listed above, you can file a claim for work in harmful conditions, which is also reimbursed to the employee.

How to prove moral damages in court

On the territory of the Russian Federation there is a presumption of innocence, so each plaintiff must prove the defendant’s guilt. In the event of circumstances arising that lead to material deprivation And moral suffering victim, he can file a claim at his place of registration (his own or the offender’s). Appeals from citizens are considered by the courts general jurisdiction. If one of the parties does not agree with the claim, then a response may be filed appeal.

Statement of claim

In order for the court to consider the case, the victim must file a statement of claim. It is important:

1. Specify correct details ships;
2. Provide reliable information about the plaintiff and defendant;
3. Confirm with evidence the defendant’s guilt;
4. Indicate your amount, which, in the plaintiff’s opinion, should be recovered from the perpetrator.

Proof of negative consequences

The fact that the defendant did not respect the non-material rights of the victim is established in court when considering the testimony. To do this you need to submit one of following documents:

• certificate of incapacity for work resulting from injury;
• media article containing false information about the victim;
• family photos;
• personal correspondence.

Moreover, the proof is forensic examination, confirming psychological condition the victim. The consequences of violations of moral rights can be an unbalanced state of the victim, caused by feelings of shame, discomfort, irritation, humiliation, and inferiority. The result of such moral experiences can be a change in relationships with colleagues and family, deterioration in business results, the inability to conduct social activities, suicide.

Compensation for moral damage

If during the court hearing the infliction of moral damage was proven, the judge has the right to issue a ruling on compensation for damage, forcing the perpetrator to commit certain actions. Collection must occur in one of two ways:

1. Cash payments. The amount is determined by the court in individually, taking into account the circumstances of the case, the degree of guilt of the defendant and harm caused. If the culprit cannot immediately pay the entire amount, it will be restructured into several parts.
2. Other elimination of the consequences of the harm caused. Misunderstanding between the parties can lead to insults or slander, the moral damage from which cannot be compensated for by financial benefits.

Material forms of compensation

Offenses different categories resulting in psychological suffering and harm to the victim, are compensated only in in cash. There is no standard for material remuneration; compensation is always calculated on an individual basis. The legislation does not provide for the possibility of compensation in other ways, because damage can only be measured material payment. However, the parties may agree on another form of compensation for damages, although the court will not be able to monitor the fulfillment of such obligations.

Compensation amount

The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the plaintiff, taking into account the degree of guilt of the defendant. The amount is established according to the principle of reasonableness and fairness (Article Civil Code No. 1101). Compensation in each case is different and is in no way related to the amount of compensation for a claim for property damage, if any. The victim can file a claim with the amount already indicated, but the court has the right to reduce it at its discretion.

Limitation period for moral damages

Many lawyers believe that cases of moral damage do not have a statute of limitations, citing Article No. 208 of the Code of Civil Procedure of the Russian Federation. Claims for compensation for moral suffering caused are classified as non-property rights, claims for which are not subject to time restrictions. However, there are cases in which moral damage arises from criminal liability accused (for example, causing grievous harm health of a close relative, robbery, physical violence And so on). In this case, a statute of limitations is provided.

The decision of the Supreme Court No. 10 of December 20, 1994 contains the most detailed explanation question. Claims for moral damages are not subject to the statute of limitations if they are a consequence of a violation of the non-property rights of the victim. In cases where compensation psychological harm arises from offenses against property benefits and other things that have limitation period, time restrictions are provided. For example, when required monetary recovery in the context of a labor dispute, it is necessary to comply three month period to go to court.

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V.V. MUKOVNIN,
bar association lawyer Volgograd region"White stork"

The legislator in Art. 151 Civil Code The Russian Federation defines moral harm as physical and moral suffering caused to a citizen by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to him. As can be seen from this definition, signs of moral harm are physical or moral suffering, which refers to the area of ​​​​feelings that a person experiences when harm is caused to him.

Next in the said article The legislator uses the same signs of moral damage, but with the conjunction “and”, which introduces some confusion into this issue, causing disputes among civilists over the limits of compensation for harm. This happens due to mixing of assessments various sides a person as an individual, his moral and psychophysiological feelings.
If we proceed from the signs of moral harm, it turns out that such harm should be understood as harm caused to a person’s self-esteem system, which in turn will lead to an expansion of the scope of application of this concept.
Our thesis about expanding the scope of application of moral harm is confirmed not only in the established judicial practice, but also in the position of the Plenum of the Supreme Court of the Russian Federation, which, in its resolution of December 20, 1994 No. 10 “Some issues of application of legislation on compensation for moral harm,” interpreted the definition moral harm, put moral suffering (actually moral harm) in first place, while explaining when such harm can occur and how it can be expressed. Thus, the resolution states: “Moral harm is understood as moral or physical suffering caused by actions (inaction) that encroach on intangible benefits belonging to a citizen from birth or by force of law (life, health, personal dignity, business reputation, privacy, personal and family secrets, etc.) or violating his personal non-property rights (the right to use his name, the right of authorship and other non-property rights in accordance with laws on the protection of rights to the results of 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 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.”
Although the Supreme Court of the Russian Federation did not give a general definition of suffering, it follows from the above text of the resolution that the court tried to reveal the content of one of the signs of moral harm - moral suffering. It is obvious that moral suffering refers to experiences.
The situation is more complicated with the second sign of moral harm - physical suffering. We believe that the definition of moral harm through physical, moral suffering or their combination, which is used by the legislator, is correct and logical, since any suffering is the feelings that a person can experience when any harm is caused to him. Physical suffering is the feeling associated with physical pain and, as a rule, occurs when harm is caused to health. However, it should be noted that the concept of “physical suffering” does not coincide in content with the concepts of “physical harm” and “harm caused to health.” Physical suffering is one of the signs of moral harm in the form as it is defined in Russian legislation (Article 151 of the 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 speak 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 goods belonging to the subject of law, 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. Here, first of all, one should take into account and use the conclusions of psychologists, sociologists and specialists in other branches of human science, including in the field of civil law, who represent the structure of personality as follows:
- biopsychogenic elements - the physical state of the body and its functioning;
- psychosociogenic elements - the idea of ​​what one must be in order to gain recognition from others (cultural ideal of the individual);
- fulfillment of a social role - the position of the individual in various groups, characterized by a set of rights and obligations;
- reflected “I” - an idea of ​​how a person is seen and evaluated by others;
- subjective “I” - the idea of ​​one’s true inner essence.
If physical suffering is considered as the first sign of moral harm, then we can say that the physical state of the body and its functioning can be disrupted not only by physical trauma or injury, but also in some cases by moral experiences, as a result of which a person becomes ill.
Violation of the physical condition of the body and its functioning is nothing more than physical harm, which is found in criminal law and criminal proceedings when a person is recognized as a victim. In criminal law, physical harm is usually understood as a violation of the anatomical integrity or physiological functions of human tissues or organs. Physical harm is most often expressed in the deprivation of life, harm to a person’s health, infliction of various types of bodily harm on him, depriving him of his general and/or professional ability to work. Physical harm in criminal law has legal significance for the qualification of a criminal unlawful attack on a person. IN legal sense Of course, physical harm is irreparable. As B.T. correctly points out. Bezlepkin, “it is impossible to restore life, and restoring health is a medical problem, but not a legal one.”
At the same time, causing various types of damage to health brings not only physical, but also moral suffering, since a capable person imagines the consequences of harm of this kind and begins to suffer from emotional distress about the loss of one or another organ, violation of the integrity of the body or its functioning. This means that physical suffering is, of course, always associated with a moral assessment of the harm caused to a person. Physical pain may pass, but moral suffering can accompany a person throughout his life (for example, if his face is disfigured). At the same time, physical suffering only aggravates moral suffering, since a person’s established way of life is disrupted.
As a result of harm caused to health, the victim is permanently or temporarily deprived of the opportunity to work, have children, continue an active personal or social life, etc.
A similar point of view is expressed by E.A. Mikhno, who, analyzing the content of physical suffering, believes that they are always associated with moral ones, and in certain cases moral feelings lead to physical disorders. Really, medical practice There are numerous cases where, as a result of emotional experiences, a person becomes ill and this is reflected in his physical condition.
The most common are heart disease, nervous and mental disorders, oncological diseases. There are situations where severe mental suffering even leads to death. However, it would not be amiss to note one difficult circumstance that arises when solving the problem under consideration - this is the establishment of a causal connection between the act of the harm-doer and the harm that occurred. Here, apparently, a special approach to cases of this category is required, since there is a need to carry out due diligence with the participation of specialists various areas knowledge: doctors, biologists, psychologists, psychiatrists and others, who in the course of their activities will be able to develop certain methods.
Of course, the degree of harm caused to a person’s health will depend on the person himself, his mental, physical, emotional feelings, his character, conditions of upbringing, life experience and many other factors that must be taken into account when conducting such an examination.
Psychology, considering a person as a material object of nature and society, says that a person experiences certain feelings and emotions, including when he is directly physically harmed, including both physical and moral suffering. We believe that the concept of “physical harm”, used in criminal law and criminal proceedings, as well as in civil law, occurs only in a different aspect - when it comes to causing harm to health.
From the point of view of civil law, a person himself cannot relate to property, because it is priceless, therefore, causing harm to health (physical harm) cannot be attributed to 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 compared to other benefits non-property nature. Obviously, when harm is caused to these goods, a person, in addition to physical suffering,
experiences moral feelings. The legislator, knowing this, included the term “physical suffering” in the definition of moral damage.
However, the inclusion of the criterion “physical suffering” in the definition of moral harm should hardly be attributed to moral harm itself, since the latter is caused by nothing more than moral experiences, and the relationship between physical suffering, moral experiences and moral harm, in turn, determines the logical consistency 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 insult and physical suffering do not constitute grounds for two independent demands.”
This is the position taken by the Supreme Courts. European countries, in particular Supreme Court Poland. Besides, given point view has long existed in the studies of domestic civil scientists, for example N.S. Maleina.
Physical suffering, among other things, is associated with property damage, since as a result of causing physical suffering to a person, additional material costs to restore health and treat the victim. That is why we can say that non-property harm in the case of damage to human health has such a variety as personal non-property harm associated with property.
For example, a citizen is injured as a result of a traffic accident. Actually, injury (damage to the body) is personal non-property damage. This harm causes physical suffering to the victim at the time of injury and during subsequent treatment. At the same time, the awareness of his inferiority, the inability to live as before, the loss of his job force him to worry, that is, to endure moral suffering. Taken together, moral and physical suffering constitute moral harm, which, in the presence of other necessary conditions must be in accordance with Art. 151 of the Civil Code of the Russian Federation is compensated in cash.
In order to maintain his existence and lead a lifestyle worthy of a person, the victim seeks paid services to which his condition of injury forces him, and makes other expenses related to this condition. Material costs are necessary for full or partial restoration of health associated with additional nutrition; purchase medicines; conducting operations; prosthetics; purchase of means of transportation (wheelchair, car); the need for sanatorium-resort treatment, care from relatives, loved ones, who are sometimes even forced to quit their jobs, etc. In addition, the victim may not receive those material income, which he could have had if not for the fact of violation of the specified benefit. This may be expressed in the loss of wages or part thereof or other means of subsistence.
Some authors, for example A.V. Shichanin believe that all these costs are additional, referring to the legislator’s terminology.
In our opinion, all these material costs can be attributed to real damage, and loss of earnings (income) or part thereof - to lost income (lost profit).
The person incurs losses that are subject to compensation in full.
The above example shows that personal non-property damage is compensated by compensating for moral and property damage caused by damage to the body, in other words, indirect compensation for harm occurs.
All of the above allows us to conclude that it is legitimate to consider this type of harm as a type of non-property harm associated with property. This conclusion is based on an analysis of both the Civil Code of the Russian Federation and judicial practice, as well as the subject of regulation of civil law.

Bibliography
1 See: Rasskazova N.Yu. Problems of liability of enterprises for harm caused to workers and employees associated with their performance labor responsibilities(sociological and legal aspect): Abstract. dis. ...cand. legal Sci. - L., 1988.
P. 11.
2 Bezlepkin B.T. Compensation for harm caused to a citizen by judicial and investigative bodies: Textbook. allowance. - M., 1979. P. 34.
3 See: Mikhno E.A. Problems of compensation for moral damage // Jurisprudence. 1992. No. 5. P. 90.
4 Varkallo V. On liability for civil law. - M., 1978. P. 136.
5 See: Malein N.S. On moral harm // State and law. 1993. No. 3. P. 36.
6 See: Shichanin A.V. Compensation for moral damage // Legislation and economics. 1994. No. 15-16 (85-86). pp. 20-21.
7 See: Erdelevsky A.M. Compensation for moral damage - analysis and commentary on legislation and judicial practice. - M., 2004. P. 7.