What material damage? Material damage is a financial or moral loss

Hello, Leonid Ivanovich!

According to Article 210. Civil procedural code RF.

The court decision is enforced after it enters into force legal force, except in cases immediate execution, in the manner established by federal law.

That is, it must be executed immediately after it comes into force. If the defendant, now the debtor, does not comply with the decision, then you can get performance list and contact the bailiff service.

Enforcement proceedings are mainly regulated by the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the Federal Law on Individual Entrepreneurs).

There are several deadlines associated with the execution of a writ of execution.

Article 21. Federal Law on Individual Entrepreneurs. Deadlines for submitting writs of execution for execution
1. Writs of execution issued on the basis of judicial acts, with the exception of writs of execution specified in parts 2, 4 and 7 of this article, can be presented for execution within three years from the date of entry judicial act into legal force or the end of the period established when granting a deferment or installment plan for its execution.

Writs of execution containing demands for return on the basis international treaty Russian Federation a child illegally transferred to the Russian Federation or detained in the Russian Federation shall be presented for execution within one year from the date of entry into force of the judicial act

2. Writs of execution issued on the basis of judicial acts of arbitration courts, for which arbitration court the missed deadline for presenting a writ of execution for execution has been restored, may be presented for execution within three months from the date the court issues a ruling on reinstating the missed deadline.

3. Court orders can be brought for execution within three years from the date of their issue.

4. Executive documents containing requirements on collection of periodic payments, can be presented for execution during the entire period for which payments are awarded, as well as for three years after the end of this period.

5. Certificates issued by commissions for labor disputes, can be presented for execution within three months from the date of their issue.

6. Designed in in the prescribed manner acts of bodies implementing control functions, about collection Money with documents containing marks of banks or other credit institutions, in which settlement and other accounts of the debtor are opened, about complete or partial non-fulfillment of requirements specified bodies due to the lack of funds in the debtor's accounts sufficient to satisfy these requirements, they may be presented for execution within six months from the date of their return by the bank or other credit institution.

6.1. Acts of bodies exercising control functions drawn up in the established manner on the collection of funds without attaching the documents specified in Part 6 of this article can be presented for execution within six months from the date of their issuance.

7. Judicial acts, acts of other bodies and officials in cases of administrative offenses may be presented for execution within two years from the date of their entry into force.

You have obviously passed this stage in fixed time, submitting a writ of execution for execution. Further:

Article 36. Federal Law on Individual Entrepreneurs Timing of completion executive actions
1. The requirements contained in the writ of execution must be fulfilled by the bailiff within two months from the date of initiation enforcement proceedings , except for the requirements provided for in parts 2 - 6 of this article.

It refers to bailiff. The bailiff is obliged to fulfill executive document, in your case, the writ of execution within two months (there are exceptions).

You should keep in mind the possibility of providing a deferment or installment plan:

Article 37. Federal Law on Individual Entrepreneurs. Providing a deferment or installment plan for the execution of judicial acts, acts of other bodies and officials, changing the method and procedure for their execution
1. The claimant, debtor, bailiff has the right to apply for a deferment or installment plan for the execution of a judicial act, an act of another body or official, as well as for a change in the method and procedure for its execution to the court, another body or to official who issued the executive document.

In addition, execution may be suspended until the circumstances that served as the basis for the suspension of enforcement proceedings are eliminated (Article 42 of the Federal Law on Individual Entrepreneurs). This law prescribes the procedure for searching for the debtor’s property, seizing the property and foreclosure on it.

Thus, it is clear that the execution of a court decision is quite lengthy and difficult process, which is entirely entrusted to government agency- FSSP. At the same time, the rights of the claimant are not great. The collector can control (find out, be interested in) the progress of collection, provide information, write complaints (colleagues called this quite original, but absolutely correct - “stimulate” the bailiffs).

It happens that collection is delayed and simply not collected for a number of reasons. For example, bankruptcy of a legal entity and its lack of property, lack of property and income from the debtor, liquidation of Y.L. or death of the debtor individual. persons and, again, lack of property (inheritance), etc.

The amount in your case is quite serious, so you can’t count on a quick refund.

Best regards, S. Sergeev

Labor relations are largely based on the employer's trust in the employee. Personnel are provided with the necessary tools and equipment, often of high material value (for example, office equipment). IN in some cases the employee is given a report large sums money, for safety or strict intended use which he is responsible for. In case of loss, damage or shortage of property entrusted to the employee, the organization has the right to legally recover damages from the culprit.

Anastasia Morgunova, director of the tax consulting department of online accounting “My Business,” explains how to correctly record the fact of causing harm, establish its size and investigate the circumstances in which it arose.

Under what conditions does the employee’s financial liability to the employer arise?

Occurs when the following conditions are simultaneously present:

- causing direct actual damage . Confirmation of the fact of damage is, for example, an act of discovery of damage caused by an employee, explanatory letter employee on the fact of causing damage, inventory materials and other evidence

(in particular, the damaged property itself);

- illegality of actions or employee inaction. For example, damage arose as a result of the fact that the employee did not fulfill his duties established employment contract, job description, internal rules labor regulations and others local acts organizations;

- causation between illegal actions or the inaction of the employee and the resulting direct actual damage. The cause-and-effect relationship must be obvious. For example, an employee dropped a computer on the floor, which then stopped working;

- employee's fault in causing damage to the employer. Guilt is understood as intent or carelessness (frivolity, negligence) in the employee’s actions that led to

to damage to the employer.

Confirmation: part 1 art. 233 Labor Code RF, clause 4 of the Plenum Resolution Supreme Court RF No. 52 of November 16, 2006, letter of Rostrud No. 1746-6-1 of October 19, 2006.

A comment:When establishing the employee’s guilt, it is necessary to find out whether he could have acted differently in this situation, whether he had the opportunity to avoid material losses. There are circumstances that completely exclude the guilt of the person who caused the damage (if, of course, he can confirm their presence with sufficient evidence). This emergency, force majeure, normal economic risk, necessary defense, as well as the employer’s failure to fulfill the obligation to ensure proper conditions for storing property. The Labor Code of the Russian Federation, mentioning these concepts in Art. 239, does not reveal their essence. I believe that in in this case you need to be guided by other legal acts, in particular Art. 401 Civil Code of the Russian Federation, Art. 37, 39 of the Criminal Code of the Russian Federation, Art. 2.7 Code of Administrative Offenses of the Russian Federation. para. 2 clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006. On the websitewww.moedelo.org you can on practical examples learn how to apply the above concepts to employment relationships.

What is the financial responsibility of the employee to the employer?

The employee's responsibility lies in the obligation to compensate for direct actual damage caused to the employer (losses that can be accurately calculated). At the same time, the employer does not have the right to recover lost income (lost profits) from the employee.

Direct actual damage means (in total):

Real decrease in the employer's cash assets or deterioration in its condition

(including property of third parties held by the employer, if he is responsible for its safety);

The need for the employer to make costs or excess payments for the acquisition, restoration of property or compensation for damage caused by the employee to third parties.

For example, direct actual damage may include:

Lack of cash or property assets;

Damage to materials and equipment;

Costs for repairing damaged property;

Payments for time forced absenteeism or downtime;

The amount of the fine paid, which was applied to the employer due to the fault of the employee.

The damage that the employee caused to third parties means all amounts paid by the employer to third parties to compensate for the damage. In this case, the employee can be held liable only within these amounts and provided that there is a cause-and-effect relationship between his culpable actions (inaction) and causing damage to third parties.

Confirmation: part 1, 2 art. 238 of the Labor Code of the Russian Federation, paragraph 15 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006, letter of Rostrud No. 1746-6-1 of October 19, 2006.

To what extent must the employee compensate for the damage caused?

The employee must compensate for damages either in the amount of his average monthly earnings or in in full. It depends on what financial responsibility is assigned to the employee.

By general rule, the employee bears limited liability for damage caused - within the limits of your average monthly earnings (Article 241 of the Labor Code of the Russian Federation). But in some cases it may be entrusted to him full financial responsibility, that is, the obligation to compensate for damage caused to the employer in full size(Article 242 of the Labor Code of the Russian Federation).

Cases of complete financial liability listed in Art. 243 of the Labor Code of the Russian Federation. For example, it may be assigned to the employee in accordance with the Labor Code of the Russian Federation or federal laws. So, in accordance with Art. 277 of the Labor Code of the Russian Federation, the head of the organization bears full financial responsibility for damage caused to the employer.

In addition, the employee bears full financial responsibility if he caused damage as a result of a crime, administrative offense, Being in drunk with intent to cause harm to the employer, and in some other cases.

Such liability also arises in the case when the employee was entrusted with valuables under an agreement on full financial liability, concluded with him individually or as part of a team (team), or he received them under one-time document(power of attorney). It should be remembered that an agreement on full financial liability can only be concluded with an adult employee (over 18 years of age).

Confirmation: art. 2439-245 of the Labor Code of the Russian Federation, paragraphs 9-12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 52 of November 16, 2006.

A comment:Employers sometimes consider concluding an agreement on full financial responsibility to be a “panacea for all ills.” Some even offer to sign such a document to all employees accepted into the organization without exception. However, it should be taken into account that agreements on full financial liability can be concluded only with employees whose positions (works) are included in the Lists, approved. Resolution of the Ministry of Labor of Russia No. 85 of December 31, 2002 (materially responsible persons). In other cases, the existence of such agreements is not justified - they will not have legal force. This is clearly demonstrated by judicial practice.

Several employers tried to recover damages in full from employees through the court, however, compensation for damages only in the amount of the average monthly earnings of the defendants was recognized as legal. The fact is that agreements on full financial liability were unlawfully concluded with employees who did not fall under the above lists (specialist production department and watchman). These employees were not directly involved in servicing or using cash, commodity values or other property. The court indicated that these lists of positions (works) are exhaustive and are not subject to broad interpretation (Determination of the Supreme Court of the Russian Federation No. 18-B09-72 of November 19, 2009, Determination of the Moscow City Court No. 33-19538 of June 24, 2011, Primorsky's definition regional court No. 33-2124 dated March 29, 2010).

How to determine the amount of material damage (losses) caused by an employee?

You need to determine the amount (as a general rule) based on market prices for property, to whom damage done. They must be valid on the day the damage occurred (for example, on the day the shortage of a particular property was discovered). In this case, the amount of material damage cannot be lower than the value of the property according to accounting data (taking into account its wear and tear).

Confirmation: part 1 art. 246 of the Labor Code of the Russian Federation.

At the same time, some regulations A different procedure for determining the amount of material damage may be established. For example, for theft or shortage narcotic drugs, psychotropic substances the employee is liable in the amount of 100 times the amount of direct actual damage caused to the organization (clause 6 of article 59 Federal Law No. 3-FZ of January 8, 1998).

Confirmation: Art. 238, part 2 art. 246 of the Labor Code of the Russian Federation.

How to confirm the amount of material damage (loss)?

It is necessary to confirm the amount before making a decision on compensation for material damage (losses) by the employee. The procedure for confirming the amount depends on the type of material damage caused.

As a general rule, to establish the amount of damage (losses) caused and the reasons for its occurrence, the employer must to inspect. For this purpose, the organization has the right to create special commission with the involvement necessary specialists(Part 1 of Article 247 of the Labor Code of the Russian Federation). For example, such a check is necessary if the damage occurred as a result necessary defense. In this case, the employee’s financial liability is completely excluded (Article 239 of the Labor Code of the Russian Federation).

If facts of theft, abuse or damage to property are detected, the above check is carried out in the form inventory(clause 2 of article 12 of Federal Law No. 129-FZ of November 21

1996). Its results must be indicated in the comparison sheet (form No. INV-18 or No. INV-19).

Confirmation: clause 4.1 Guidelines, approved By Order of the Ministry of Finance of Russia No. 49 of June 13, 1995

The amount of material damage received in result of an accident which occurred due to the fault of the employee can be established without carrying out internal audit. This is due to the fact that the reasons for the occurrence of material damage and its amount can be justified by:

Documents received from traffic police officers upon the accident (as confirming the cause of the damage);

Documents received from repair and insurance companies (confirming the amount of damage caused by the at-fault employee).

Once the amount of material damage has been determined, the organization must request from the employee written explanations of the reasons why the damage occurred. If the employee refuses (evades) to provide such an explanation, a report must be drawn up.

Confirmation: Part 2 of Art. 247 of the Labor Code of the Russian Federation.

How to reflect in accounting a shortage that arose due to financial fault responsible person(other guilty persons) and identified as a result of an inventory?

The identified shortage (taken into account after the inventory in the debit of account 94 “Shortages and losses from damage to valuables”) must be reflected as a settlement with the financially responsible employee (other person) recognized as the culprit.

The postings in this case will be as follows:

DEBIT 73-2 (76-2) CREDIT 94

Repayment of debt for the shortage by the employee (other guilty person) is reflected.

The market value of the property that is being reimbursed guilty person, may exceed the cost at which the property is recorded. In this case, the organization must make the following entries:

DEBIT 73-2 (76-2) CREDIT 94

The shortage in the amount of the value at which the property is reflected in accounting is attributed to the financially responsible person (another guilty person);

DEBIT 73-2 (76-2) CREDIT 98-4

The difference between the amount to be recovered from the guilty party and the value at which the property is recorded is reflected.

As the guilty person recovers the money due from him, specified amount written off as other income in proportion to the repaid debt:

DEBIT 50 (51, 70) CREDIT 73-2 (76-2)

Repayment of debt for the shortage by the employee (other guilty person) is reflected;

DEBIT 98-4 CREDIT 91-1

The difference between the amount to be recovered from the guilty person and the cost of the missing valuables as part of other income is reflected.

If a shortage that arose due to the fault of the financially responsible person (other guilty persons) is identified in reporting period, but relates to past reporting periods, then it must be taken into account as part of future income:

DEBIT 94 CREDIT 98

The shortage related to previous periods, but identified in the reporting period, is reflected;

DEBIT 73-2 (76-2) CREDIT 94

The shortage identified in the reporting period, but relating to previous periods, is attributed to the financially responsible person (another guilty person).

As the amount due from the guilty person is collected, the shortfall is written off as other income:

DEBIT 98 CREDIT 91-1

The shortfall identified in the reporting period, but relating to previous periods, is reflected in income.

The guilt of the financially responsible person (other guilty persons) must be documented. Supporting documents may be the decision of investigative or judiciary, a conclusion on the fact of damage to valuables, which is issued by the department technical control or relevant specialized organizations (quality inspections, etc.).

Confirmation: clauses 5.1, 5.2 of the Methodological Instructions, approved. By Order of the Ministry of Finance of Russia No. 49 of June 13, 1995, Instructions for the Chart of Accounts.

Also on the website www.moedelo.org you will find the necessary accounting entries in order to reflect:

Withholding material damage caused to the organization from the employee’s salary;

Not returned on time accountable amounts, issued to the employee to perform job assignment, as well as deduction of such amounts from the employee’s salary;

Shortage of property that belongs to the organization, but is not listed on the balance sheet accounts, if the cause of the shortage is the fault of the employee (financially responsible or other guilty person), and others.

What maximum size withholding amounts of material damage from an employee’s salary?

The maximum amount of deductions for amounts of material damage from an employee should not exceed his average monthly earnings (Part 1 of Article 248 of the Labor Code of the Russian Federation).

At the same time, no more than 20 percent can be withheld from an employee’s monthly salary (Part 1 of Article 138 of the Labor Code of the Russian Federation).

The amount of damage that exceeds the average monthly salary of the employee (if brought to full financial liability), if the perpetrator does not agree to compensate it voluntarily, can be recovered from him only through the court (Part 2 of Article 248 of the Labor Code of the Russian Federation).

An employee can voluntarily compensate for the damage caused by him (both with limited and full financial liability). In this case, by agreement of the parties, compensation for damage by installments is allowed. In addition, the employee must submit to the employer a written undertaking for damages, which must indicate specific deadlines payments (Part 4 of Article 248 of the Labor Code of the Russian Federation).

An employer can confirm its consent to payment by installments:

Either a permissive inscription (for example, “I don’t object” or “allow”) on the employee’s written obligation;

Or separate administrative document, which will specify the procedure for settlements (for example, by order, instruction).

If the employee has given a written undertaking to reimburse material damage, and then quit and refused to pay the debt; the outstanding debt can only be recovered through the court.

Confirmation: Part 4 of Art. 248 of the Labor Code of the Russian Federation.

Compensation for moral and material damage is legal action aimed at restoring the condition existing prior to the defendant's criminal interference. It is determined by the opportunity for the defendant to partially or fully make amends for the guilt received as a result of committing illegal actions.

Occurs as a result of excitement claim proceedings civil cases, which can also develop within the framework of criminal proceedings. Confessed only after admitting guilt and responsibility for the crime illegal act to the victim.

Grounds for compensation for moral and material damage

Material and moral damage can be recovered by a court decision, when filed by the victim and with a positive decision made by the court.

Positive judgment – the only reason, according to which moral and material damage. In addition, to recover material and moral damage can only be the good will of the person who inflicted it.

In turn, the basis for accepting positive decision the court becomes the filing statement of claim and documentaries, as well witness's testimonies, confirming the defendant's guilt. When making a decision, the court is guided by Articles 12, 151, 1100 of the Civil Code of the Russian Federation, and also relies on Article 44 of the Code of Criminal Procedure of the Russian Federation, and other articles and norms of legislation, at its own discretion.

Form and methods

If you have suffered as a result of unlawful actions, and you have suffered property (material) and psychological or other intangible damage that you intend, you will have to decide in what form you want to receive compensation for the damage. If the legal relationship arose before 1995, then you will have a choice between forms of compensation:

• monetary;
• property

The monetary form is the most relevant at the moment. IN Lately the courts refused to file a claim for a property form of compensation. Being the equivalent of all damaged or lost things, monetary compensation allows them to be restored through repair or acquisition.

In this case, when filing a claim there will be it is enough to give a list of lost things and determine their value. In some cases, for example, after treatment, monetary compensation is the only acceptable one in the context of receiving from the defendant the amount spent on treatment.

That is, if you had to act urgently and you invested own funds to restore damaged health, clothing, or other property - you are applying for monetary compensation. If the situation has not yet been resolved by you, but requires resolution, in some cases you can make a choice between property and monetary compensation.

At property compensation you have the right to demand:

• Restoring an item similar to one that was lost.
• The process of treatment in a specific medical or treatment and rehabilitation institution or center.
• Vouchers for sanatorium-resort treatment.
• A car to replace one that was damaged in an accident due to the fault of the defendant. Read about compensation for material damage in case of an accident.

The range of requirements can be very wide. The main thing in this is the relevance and proportionality of the requirements.

Currently property forms compensation is applied for voluntary compensation for moral damage. For example, a person, having caused moral harm and repented, can offer a vacation package as conciliatory compensation to restore mental strength.

Provided that moral damage is compensated, all claims on the part of the victim will be eliminated, and if a criminal case was initiated, then it can be terminated after reconciliation of the parties.

Compensation methods can be established:

• at the request of the plaintiff;
• based on the proposals (possibilities) of the defendant;
• By the tribunal's decision.

They determine how compensation will be made, that is, in what sequence and within what time frame payments will be made in favor of the plaintiff. For example:

• one-time payment;
• in parts for 2-3 (more) times;
• monthly via transfer from funds wages;
• in calculation of percentage of income;
• in a fixed amount.

Payment methods may include the most various nuances , which make the payment moral and material compensation possible and feasible for the defendant and acceptable for the plaintiff.

Conclusion

Methods and forms of compensation for material and moral damage may be different. They are collected from the defendant in favor of the plaintiff if the court finds the person guilty of causing or non-property damage. To do this, the plaintiff will have to support the stated claim with evidence and facts.

Citizens understand such an expression as compensation for material damage, when liability occurs after damage to property. Property damage can easily be estimated at in monetary terms. However, it is difficult for many to understand how compensation for moral damage occurs and for what physical suffering the court decides on compensation for damage.

What is moral damage and its compensation?

The concept of causing moral damage refers to the infliction of suffering, which can be physical or psychological in nature. Definition physical suffering No one has any questions - this is harmful to health. Psychological suffering includes emotional distress. These include feelings about harm:

• fear;
• shame;
• humiliation.

Legislation on compensation for moral damage

Possibility to claim compensation for loss non-property nature enshrined in the Civil Code, the Constitution of the Russian Federation and the Resolution of the Plenum of the Armed Forces of the Russian Federation (1994). Legislative acts provides for financial liability of citizens whose actions or inactions are regarded as an infringement on the non-property rights of the victim. The law lists intangible benefits:

• health;
• dignity and business reputation;
• the right to unhindered movement and free choice of place of residence;
• right to privacy;
• Copyright;
• the right to family and medical confidentiality.

Grounds for compensation for moral damage

Compensation for damage is possible in the following cases:

• if the fact of suffering due to violation is established moral rights;
• the action or inaction that caused the suffering has been identified;
• a connection has been identified between the action or criminal inaction and the harm caused;
• the guilt of the person who caused the damage has been proven.

Even if the person’s guilt has not been established, according to the law the victim can make a demand for compensation for damage in the event of:

• when the damage is caused by a source that represents increased danger;
• illegal conviction, taking into custody, taking a written undertaking from the victim not to leave, imposing on him administrative penalty;
• distribution false information which discredits honor, dignity or business reputation victim.

What are moral damages for?

The award of a penalty is possible in case of violation of the non-property rights of citizens. The victim may be awarded compensation for moral damages for:

• experienced heartache in case of loss of a relative;
• physical pain from injuries and stress;
• acquired disability and, as a consequence, loss of normal life activities;
• deterioration psychological state;
• job loss;
• slander, insults;
• disclosure of family, private, medical confidentiality;
• violation of confidentiality of conversations or correspondence.

Method and amount of compensation for moral damage

Minimum and maximum limits penalties are not established by law, there are no formulas for calculating the amount of compensation, and how can one measure the amount psychological experiences, feelings of fear, shame or humiliation, therefore, when considering provided for by law criteria:

1. The degree of guilt of the offender.
2. The degree and nature of suffering suffered. They are considered individually for the specific injured party - how the offender’s actions affected the state of physical and psychological health, for what period the loss of ability to work occurred. This often requires confirmation.
3. Circumstances. Consideration specific situation may affect the increase or decrease in the amount of the penalty.

Forms of compensation

The guilty party, before the start of the court hearing, can agree to purchase certain things and transfer them to the injured party in order to compensate for the psychological or physical nature. The court can make a decision on compensation for moral damage only in the manner prescribed by law - in in cash. In some cases, the court decides to terminate misconduct or make a retraction.

Amount of moral damage

It can be argued that the criteria for assessing the responsibility of the perpetrator are conditional and the court gains freedom in making decisions and can subjectively assess the situation. The law provides principles to be used to determine the size monetary compensation- this is rationality and justice. The word justice implies the use of all existing legislative acts to protect the violated rights of the victim. When establishing the amount of payments to the victim, the court takes into account:

1. The victim's desire to negotiate. The court's decision to reduce the amount of compensation may be influenced by a situation where the guilty party offered to compensate for the damage before the hearing of the claim, but the victim refused in order to enrich himself.
2. Material condition causing suffering. It is unreasonable to make a decision to compensate such an amount that the offender cannot pay, but if the guilt of several persons is proven, then a share in the recovery of all those guilty is established.
3. Public assessment events in which a person was injured, this can help judges assess the situation.

How to sue for moral damages

In order to protect their non-property rights, the victim must go to court. This can be done at the offender’s place of residence, registration of his location or property. The consideration of the claim takes place in courts of general jurisdiction. If you disagree with by decision one of the parties is served appeal and the consideration of the claim is carried out by the court of second instance - cassation.

Statement of claim

In order for the case to be considered by the court, the victim must file a statement of claim. The applicant needs:

• correctly indicate the details of the court;
• enter individual information of the plaintiff and defendant;
• justify what damage was caused and set your amount for recovery;
• list evidence of the defendant's guilt.

Confirmation of moral damage

Fact of non-compliance intangible rights the victim is identified during the trial with the help of the testimony of other persons. The following documents are accepted as evidence for consideration:

• certificate of incapacity for work due to harm to health;
• article in media mass media, which published inaccurate data;
• personal correspondence, family photographs, when a claim is made for compensation for moral damages for the loss of a relative.

Consequences of moral damage

Evidence of the defendant’s guilt regarding the victim may be the conclusion medical examination about the psychological state of the victim. The consequences of the harm caused may be the unbalanced state of the victim due to feelings of humiliation, shame, inferiority, irritation, and discomfort. The result of moral experiences can be:

• changes in relationships at work and in the family;
• worsening results entrepreneurial activity;
• inability to study social activities;
• even suicide.

Judicial practice of compensation for moral damage

In practice, prove the application moral damage much more difficult than property. The plaintiff must independently or with the help of a lawyer convince the judges that the deterioration physical health, the psychological state of the victim are the result of the actions of the offender. There is a known case of the court appointing big size penalties (15,000,000 rubles) for caused disability and subsequent death of a baby in St. Petersburg.

Recovery of moral damages in case of an accident

In case of an accident, in addition to compensation for material damage, the applicant has the right to demand compensation for damage caused to his health. When considering claims, courts often reduce the amounts claimed for collection several times, but such litigation are among the lawsuits where victims receive significant payments. Practice shows that the plaintiff is awarded compensation for moral damage from 100,000 rubles to 800,000 rubles. Not only victims, but also persons whose relatives died during the accident can receive compensation in case of an accident.

Compensation for violation of consumer rights

Determination by the court of the amount of recovery from an unscrupulous manufacturer of goods or for improper provision services does not depend on the cost of products and services. The amounts of compensation for such claims are insignificant, they are in the range of 5,000-50,000 rubles. Mostly, when considering cases, courts reduce the requested injured party amounts to be paid. The plaintiff may be paid compensation for moral damage if payment is demanded from him medical services, which are included in the list of free ones.

Compensation for moral non-property damage

There is no time limit for restoration of non-property rights limitation period. You can file a claim for recognition at any time:

• invalid acts of bodies government controlled that violate personal rights;
• author's rights;
• or restoration of honor and dignity.

There is a statute of limitations for filing for compensation for losses incurred. It is possible to apply laws on violation of moral rights and go to court to recover cash payment from the defendant when:

• violation of the terms of the contract travel company;
• violation of family, medical confidentiality and will;
• dissemination of false and defamatory information;
• violation of the author's rights to authorship, name, publication;
• violation of freedom of movement.

Compensation in labor law

In most cases, when settling labor disputes regarding the collection of compensation, the courts are guided by Civil Code. Compensation for moral damage an employee may be paid for injury to health during an accident at work or due to work in harmful conditions labor. Damage caused to an employee may be compensated in the following cases:

• illegal dismissal or demotion;
• late payment earnings;
• discrimination based on gender, age;
• violations of non-property rights and freedoms;
• refusal to grant leave.

Video: compensation for moral damage in civil law