Physical or mental suffering is called. Legal advice: what is moral damage and moral suffering? The Supreme Court of the Russian Federation defines moral harm as a person’s experiences associated with pain or illness caused by moral

When we're talking about about 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 refer to the 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 inactions constituted an encroachment on Not property rights victim.

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

• health;
• business reputation 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 that poses an increased danger to others.
2. Harm caused to a citizen by unlawful actions investigative authorities: wrongful conviction, taking a written undertaking not to leave the place, 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, prove moral injury 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 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 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, in addition to compensation for 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. Statement of claim must contain the essence of the plaintiff’s claim and information about the damage caused.

Violation of consumer rights

One more administrative crime, for which monetary compensation is provided, is a 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 the personal rights of the 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 provide next vacation;
• illegal dismissal;
• injury to an employee at work;
• illegal demotion;
• delay of 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 of the victim, he can file a claim at the 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 cassation appeal may be filed in response.

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 the psychological state of 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 on an individual basis, 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 of various categories that resulted in psychological suffering and harm to the victim are compensated only to the extent 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 subject to limitation, 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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The burden of proving his innocence and actual suffering from the act committed by the defendant automatically falls on the shoulders of the victim. What needs to be proven?

1. Availability of specific unlawful act as a result of which moral suffering was caused, and the guilt of the perpetrator. For example, if there was a crime in the form of slander or insult against you, then the best evidence is a copy of the verdict to bring the perpetrator to criminal liability, where all the events that took place are described and proven. In other situations, everything can come into play: witness's testimonies, documents, expert opinions, certificates, medical documents etc.
2. The fact of the presence of moral and physical suffering. In practice, in most cases, it is enough to correctly and in detail describe how this suffering was expressed, and for the court to evaluate your speech.

What should be the justification for moral damage in court?

This depends on the characterological characteristics of the individual, that is, on the characteristics of the perception of events. Psychiatrists classify psychotraumas into long-term and short-term, one-time and repeated, monothematic and multi-aspect, expected (for example, the death of a loved one after a long illness) and unexpected, less relevant (for example, natural disasters) and are emphatically relevant for the individual, entailing loss in the present or both in the present and in the future, individual and significant not only for of this person(for example, also for his family environment), addressed indirectly or directly. The individual perception of a particular event (chain of events) is the specificity of moral suffering as a legal fact, the degree of which must be assessed by the court.

What is moral suffering?

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. With the help of a certain type of 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 turn, moral harm is moral suffering that was caused 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.

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

As a result of this, N. was expelled from his place of study, and therefore experienced mental and moral suffering. N. went to court to recover moral compensation for his damages. In this case, you should definitely seek the help of psychologists who will issue a competent conclusion about your condition.

Be sure to correspond with the bank in in writing, keep copies of the demands that you made, as well as the responses to them. Since banks are defended by fairly experienced lawyers, who often face moral damages and compensation for them due to their duties, then the best solution It will be on your part to hire a lawyer who can provide equally high-quality knowledge of this issue and his wealth of experience. A similar situation can occur if PCA is inactive, when you urgently need insurance money, and the insurer does not react in any way or deliberately delays the payment process.

Proving moral suffering in claims for compensation for moral damage

First of all, there must be the fault of the harm-doer and the relationship between his actions and the harm. Any legal proceedings in civil process can be exciting and emotional for a person, a person can acutely feel injustice and many others negative feelings, but this is not an unambiguous basis for the guilt of the plaintiff or defendant. The author did not indicate which specific actions of the defendant were the cause of moral suffering in the process of protecting which rights.

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And this is essential for determining the amount of moral damage. When assessing moral damage, such parameters as social status person, his age, individual characteristics. And in a similar situation, one may be compensated for the harm in a smaller amount, and another in a larger amount.

How to prove moral damages in court?

But prejudicial facts should be excluded from the subject of proof in any case, i.e. those that have previously been established and proven in the framework of other proceedings with a decision. Thus, if the issue of compensation for moral damage for the unlawful conviction of a person is being decided, then the prejudicial fact will be the recognition of the absence of the presence of guilty actions imputed to him during the consideration and resolution of the criminal case in the behavior of the plaintiff. The fact of their absence, as well as the illegality of the conviction, will be proven within the framework of the previously issued acquittal.

It is also not subject to proof of the presence of guilt of the causer of damage in cases where its presence or absence does not change anything. This is possible in situations provided for in Article 1100 of the Civil Code of the Russian Federation (causing harm to sources of increased danger, unlawful conviction, application of a preventive measure, etc.).

Proof of moral damage in court

Psychological trauma from the fact that, for example, your upstairs neighbors flooded you is a reason to file a claim against them. Need to understand important difference moral damage from material. In the event of a claim for compensation for moral damage, only an individual can act as a plaintiff.
At the stage of drawing up a statement of claim, it is necessary to pay increased attention to those facts that, in your opinion, caused you moral harm. For example, in result of an accident, the culprit of which is another person, you have lost the ability to use the car for some time. This fact in itself is not a basis for classifying it as moral damage caused.
Damage to your property or health must be compensated by the person at fault for the accident or his insurance company.

Description of moral damage in the claim

Evidence must be provided for the following questions:

• Not only guilt, but also its degree.
• The actual expression of the plaintiff's suffering.
• What benefits is the defendant encroaching on?
• When were the illegal acts committed?
• A description of the actions the defendant performed.
• Causes of moral damage, consisting of actions or inactions.

One evidence base in all the details is not enough. You need a statement of claim drawn up in accordance with all the rules. Based on these requirements, the justification for moral damages in case of an accident is also drawn up.

Rules for drawing up statements The claim is drawn up in several parts.

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Attention

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.
Despite the fact that the actions of the perpetrator are often seen as containing not only tort, but also crimes, their victims do not seek help from law enforcement agencies, which explains high degree latency of such crimes. 16% of patients suffered from conflicts at work, and only 12% of patients have a favorable prognosis. It was found that 16% of victims of psychotrauma turned as a result of a personal grievance. Thus, as already noted, 84% of those surveyed needed psychiatric care as a result of certain offenses.
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 as a result of systematic grievances, including offenses. It is interesting to note that law enforcement organs do not even participate in the chain “cause of harm - victim - doctor” due to the fact that most of patients (56%) suffer insults from relatives, and 8% from neighbors in the apartment.

How to justify moral suffering in a claim

Obviously, this amount is not included in the subject of proof in a claim for compensation for moral damage. Subject of proof according to civil case is the totality legal facts (legal composition), forming 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.

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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 damage 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, privacy, personal and family secrets, etc.) or violating his personal non-property rights (the right to use his name, the right of authorship and others moral rights in accordance with 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.”
Although the RF Armed Forces did not give general definition suffering, from the above text of the decision it follows that the court tried to reveal the content of one of the signs of moral harm - moral suffering. Obviously, under moral suffering experiences are understood.
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 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 good belonging to the subject rights, by enshrining them in legal norms.
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);
- performance 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 physical condition 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 meaning to qualify a criminal unlawful attack on the 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 typical are heart diseases, nervous and mental disorders, oncological diseases. There are situations when severe mental suffering even leads to fatal outcome. However, it would not be out of place to note one difficult circumstance that arises when solving the problem under consideration - this is the establishment causation between the act of the harm-doer and the resulting harm. 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 either to property harm, although it entails negative property consequences, or 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. In addition, this point of 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 human being, the victim applies for paid services, to which his condition of injury forces him, and incurs other expenses associated with 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 profits).
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, and 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 under 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.

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.

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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 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 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 harm 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 the moral feelings of the individual.

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 are listed in Articles 20-23 of the Constitution and Part 1 of Article 150 of the Civil Code of the 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 of moral suffering of the offender. 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 of negative emotions on 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 harm. How is the concept of health defined? Health is a state of complete physical, mental and social well-being.

And any unlawful actions or inaction towards 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, 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.

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 feels 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 loss of a job, disclosure of medical confidentiality, dissemination of information discrediting a person that is false, pain from injury or from a disease that was the result of 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 social relations. With the help of a certain type of 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 turn, moral harm is moral suffering that was 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 harm, which violates the intangible rights and benefits of a person. Intangible benefits include life, health, personal dignity, reputation, private life, family or personal secret. Intangible rights- This is copyright, the right to use the name. And also moral damage can violate human property rights. Moral damage may result in liability, the scope of which is determined by a 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. Suffering moderate severity. 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 intangible benefits who suffered damage.

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.