Compensation for moral damage. Amounts in practice. Lawsuits

See the beginning of the article “Moral damage. Definition of the concept"

Moral suffering is undoubtedly caused to a person by the violation of any of his rights. If your wallet was stolen, you will experience a feeling of resentment, anger, insecurity, despair, you were insulted on public transport - you will experience almost the same feelings. However, the right to compensation for moral damage caused under Russian law does not always arise. And if in the second case (insult) you have the right to compensation for moral damage (an attack on an intangible benefit - personal dignity), then in the first case (theft) you will not receive compensation for moral damage, since your property right has been violated. And moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation only in cases provided for by law. There are two such cases in the law today:

violation of consumer rights (Consumer Protection Law);
violation of an employee’s labor rights (Labor Code of the Russian Federation).

Before moving on to the analysis of the grounds and amount of compensation for moral damage in specific cases, I would like to note the following.

Very often in the claims of citizens there is a demand for compensation for moral damage. The amounts that citizens indicate as compensation sought for their moral and physical suffering, as a rule, are significantly reduced by the courts due to disproportionality. Of course, every person has the right to value the moral damage caused to him, say, at millions of rubles, but you must be prepared for the fact that the court will value your suffering, for example, at only one thousand. In general, in our opinion, payment of compensation cannot make up for a person’s suffering, however, the meaning of compensation for moral damage is seen in the fact that the victim, due to the amount recovered, will experience positive emotions commensurate with his physical and moral suffering (only with a “plus” sign), which is somewhat neutralizes the resulting negative effect.

However, it must be admitted that some lawyers, in pursuit of fees, either do not take into account the established judicial practice, or keep silent about it, promise the client to recover considerable sums for moral damage caused, which, it seems, causes even greater harm to the client. For example, for causing minor harm to health, the lawyer assures the client that he will certainly exact at least 50 thousand rubles of moral damage from the culprit. I think that the disappointment of the victim, his new moral suffering when the court awards only 2 thousand is understandable.

Some explanations on the application of the rules of law governing the issues of compensation for moral damage are contained in 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”

Moral damage caused to the consumer

Every day we purchase certain goods that we need in everyday life and use various services.

By purchasing a product or service to satisfy personal, family, household and other needs not related to business activities, we become consumers and to some extent our interests are protected by the law “On the Protection of Consumer Rights”. According to Art. 15 of the Law, “moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller, etc.) of consumer rights provided for by the laws and legal acts of the Russian Federation governing relations in the field of consumer rights protection is subject to compensation by the causer of harm, if any guilt. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.”

The rights of the consumer are considered violated in the event of a detected defect in the product (work or service), namely, non-conformity of the product (work, service):

mandatory requirements provided by law;
terms of the contract;
the purposes for which a product (work, service) of this kind is usually used

Separately, it is worth dwelling on public services, the provision of which today for the most part does not meet the requirements stipulated by law. Relations arising from a residential tenancy agreement, including social tenancy, in terms of performing work, providing services to ensure the proper operation of the residential building in which the residential premises are located, providing or ensuring the provision of necessary utilities to the tenant, carrying out routine repairs of common The property of an apartment building and devices for the provision of utility services are also regulated by legislation on the protection of consumer rights, which means a person whose rights are violated in this area has the right to demand compensation for moral damage.

What amount of moral damage can a deceived consumer expect today? The numbers, of course, will not please the eye, but on average it is about 500-3000 rubles, depending on “the degree of guilt of the offender and other noteworthy circumstances.”

In what cases is compensation provided for by law?

The need for compensation for moral damage is mentioned in the following regulations:

Labor Code of the Russian Federation (Article 237) - when harm is caused to an employee by the employer;
Code of Criminal Procedure of the Russian Federation (clause 2 of Article 136) - in relation to rehabilitated persons;
Family Code of the Russian Federation (clause 4, article 30) - for a spouse who turns out to be in good faith when the marriage is declared invalid;
Law “On Information...” dated July 27, 2006 No. 149-FZ (clause 2, article 17) - in a situation of disclosure or use of information not intended for this purpose;
Law “On Basic Guarantees of the Rights of the Child...” dated July 24, 1998 No. 124-FZ (Clause 1, Article 23) - in case of such harm being caused to a child;
Law “On the Fundamentals of Tourist Activities...” dated November 24, 1996 No. 132-FZ (Article 6) - when the organizers of the trip do not comply with the terms of the contract concluded with the tourist;
Law “On the Mass Media” of December 27, 1991 No. 2124-1 (Article 62) - when disseminating information that does not correspond to reality;
Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (Article 15) - when harm is caused to the consumer if the seller is at fault;
Law “On Advertising” dated March 13, 2006 No. 38-FZ (clause 2, article 38) - when disseminating false information about the object;
Law “On Compulsory Social Insurance...” dated July 24, 1998 No. 125-FZ (clause 3 of Art. - in the event of an accident at work or an occupational disease;
Law “On the State Civil Service...” dated July 27, 2004 No. 79-FZ (Clause 16, Article 70) - in case of unlawful removal from office or illegal dismissal of a civil servant;
Law “On Environmental Expertise” dated November 23, 1995 No. 174-FZ (clause 2 of Article 34) - when such an expertise violates the rights of a citizen;
Law “On the Procedure for Considering Appeals...” dated 05/02/2006 No. 59-FZ (Clause 1, Article 16) - in case of unlawful actions or inaction of a government agency in response to a citizen’s appeal;
Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (clause 2 of Article 23) - in case of unjustified dismissal from service of contract military personnel;
Law “On Personal Data” dated July 27, 2006 No. 152-FZ (clause 2 of Article 17) - when the operator violates the rights of the subject of personal data;
Law “On Combating Terrorism” dated March 6, 2006 No. 35-FZ (clause 1.1, Article 18) - for persons affected by a terrorist attack.

The right to compensation for moral damage arises regardless of whether there is compensation for material losses (clause 3 of Article 1099 of the Civil Code of the Russian Federation).

Moral damage caused to an employee by the actions of the employer

According to Article 237 of the Labor Code of the Russian Federation, “moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.” This article allows an employee to demand compensation for moral damage not only in case of violation of his personal non-property rights, but also property rights, including non-payment (delay in payment) of wages.

In accordance with paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of December 20, 1994, the court has the right to oblige the employer to compensate the moral and physical suffering caused to the employee in connection with illegal dismissal, transfer to another job, unjustified application of disciplinary action, refusal to transfer to other work in accordance with medical recommendations, etc. Violations of an employee’s rights that entail the latter’s right to compensation for moral damage include illegal dismissal from work, failure to issue a work book upon dismissal, refusal to hire a woman for reasons of pregnancy, and others.

What is the amount of compensation for moral damage for a violated employee’s right? Approximately from several hundred to several thousand rubles.

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Recovery of moral damages: confirmation of the claim, features of the procedure

In accordance with the above, payment of compensation for moral damage received is carried out out of court or in court. In the first case, the result depends entirely on the will of the party guilty of causing moral harm.

In the second case, monetary compensation is paid on the basis of a court decision, which, in turn, is made upon consideration of the corresponding claim of the injured party.

In order for such a claim to be accepted by the court for consideration, it is necessary to provide official documents confirming the fact of receiving moral damage.

Depending on the specific situation as a result of which moral damage was suffered, various documents can be used in this capacity, in particular:

medical referrals to visit (and/or discharge) a psychiatrist, psychotherapist or other specialists, depending on the cause of harm;
medical prescriptions and receipts confirming the purchase of certain medications;
conclusions of authorized medical experts from public or private, but licensed medical institutions;
direct or indirect evidence of the connection between the occurrence of the suffering experienced and the actions or inaction of the defendant: materials of the criminal case, testimony or other evidence - physical or electronic documents, images (including screenshots of correspondence), audio and video recordings, etc.

Moral damage caused by authorities

In accordance with Article 1069 of the Civil Code of the Russian Federation, harm caused to a citizen or legal entity as a result of illegal actions (inaction) of state bodies, local governments or officials of these bodies, including as a result of the issuance of an act of a state body that does not comply with the law or other legal act or local government is subject to reimbursement. The damage is compensated at the expense of the treasury of the Russian Federation, the treasury of a constituent entity of the Russian Federation, or the treasury of a municipal entity, respectively.

For example, moral damage caused by the illegal actions of a bailiff is subject to compensation.

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Statement of claim for compensation for damage caused by the Office of the Federal Bailiff Service (at the expense of the treasury of the Russian Federation)

Deadlines for submission and review

How to prove moral damage in court if you do not file a claim for moral damage in time? Judicial practice shows that citizens forget about the statute of limitations. If property-type losses occur, then the statute of limitations, according to Article 196 of the Civil Code of the Russian Federation, is three years. During this time, a citizen can apply for justice.

But according to the Civil Code of the Russian Federation, the three-year period has nothing to do with moral damage, so a complaint can be filed at any time no later than 10 years.

Moral damage caused by criminal prosecution

According to Article 133 of the Criminal Procedure Code, the right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral damage and restoration of labor, pension, housing and other rights. Harm caused to a citizen as a result of criminal prosecution is compensated by the state in full, regardless of the guilt of the body of inquiry, the inquiry officer, the investigator, the prosecutor and the court. Based on Art. 1100 of the Civil Code of the Russian Federation, compensation for moral damage is carried out regardless of the guilt of the harm-doer in the case where harm is caused to a citizen as a result of his illegal conviction, illegal prosecution, illegal use of detention or recognizance as a preventive measure, illegal imposition of an administrative penalty in form of arrest or correctional labor.

Thus, the right to compensation for moral damage has the right to both a defendant, against whom an acquittal was issued or the criminal prosecution was terminated due to the public prosecutor’s refusal of charges, as well as a convicted person, a suspect and an accused who were subjected to criminal prosecution illegally.

The amount of compensation for moral damage will depend, first of all, on the period for which the person was illegally deprived of liberty and can range from several thousand to several tens and even hundreds of thousands of rubles.

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How to recover damages caused

When seeking compensation for property damage, you should not immediately sit down to write a statement of claim. In many cases, with the participation of a lawyer, this issue can be resolved pre-trial. A competently drafted and correctly directed claim to the opposite party will demonstrate the seriousness of your intentions and will force the potential defendant to seriously think about whether it is worth getting involved in legal proceedings. And negotiations with the participation of a lawyer will increase the impact.

[1] Moreover, there are situations when the law directly indicates the need to attempt to resolve the problem through a claim procedure: without this stage, the claim simply will not be accepted. The need to submit a claim in advance is also often specified in contracts.

In the pre-trial stage, it may be advisable to try to reach a compromise solution. It is understandable to want to receive as much compensation as possible from the culprit, but in some cases it is more profitable to give in on certain points, but avoid an exhausting trial.

A lawyer specializing in economic litigation will help you defend your rights in pre-trial proceedings and, if necessary, in court. And the first option is much preferable, since it saves both time and money.

If the opposite party persists, and also if at the pre-trial stage it is not possible to reach a compromise solution regarding the amount of damage caused, the next stage will be the trial.

Moral damage caused by a crime

The right to compensation for moral damage caused by a crime arises if the moral damage is caused by actions that violate personal non-property rights or encroach on other intangible benefits belonging to the victim. In other words, you can demand compensation for moral damage that was caused to you as a result of crimes committed against you, such as, for example, slander, insult, violation of the confidentiality of correspondence, rape, unlawful imprisonment, causing harm to health of varying severity. A claim for compensation for moral damage caused in this case can be considered both in criminal and civil proceedings.

The amount of compensation for moral damage caused to health has been established by judicial practice as follows. Causing death (murder) - up to one hundred thousand rubles (paid to close relatives - victims), serious harm to health - up to 50,000 rubles, minor harm to health - up to 5 thousand (note: approximate data are indicated as of 2012). It should be taken into account that if harm to health is caused by negligence, the amount of compensation will be two times less. The indicated amounts of compensation can, of course, vary in one direction or another depending on many factors, ranging from the presence of significant evidence of the occurrence of adverse consequences, ending with the personality of the victim, his financial situation.

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Statement of claim for compensation for moral damage caused by a crime (beatings or harm to health of varying degrees of severity);

Statement of claim for compensation for moral damage caused by a crime (beatings, harm to health). Request for compensation in equal shares to the two defendants - the tortfeasors.

Where to contact

To figure out where to apply, figure out what kind of claim you are making. You can recover for moral damages in different instances. This is both a district court and a magistrate court. A lawsuit in court for libel or other matters is considered at the place of the person who violated the law. If it is unknown where the defendant lives, then the documentation is submitted to where the applicant is registered.

The magistrate does not consider non-property proceedings. The court will take up the case only if, in addition to material compensation, there are claims for property. As for the justices of the peace, they will handle cases involving compensation in an amount not exceeding twenty-five thousand rubles. Article 23 of the Code of Civil Procedure of the Russian Federation states that cases involving amounts of one hundred thousand rubles are additionally considered. If the amount of the reward exceeds the specified amount, then the case is transferred to the district higher courts.

You can submit your application either at the reception office or by mail. The only thing you need to do in advance is to pay the state fee.

Sequencing:

determine the district court to which you will appeal;
draw up an application, collect and attach a package of documents;
take the collected information to the court.

Moral damage caused as a result of an accident

Compensation for moral damage is carried out regardless of the guilt of the tortfeasor in cases where the harm was caused to the life or health of a citizen by a source of increased danger. Therefore, if only your car was damaged in an accident, and everything is fine with you, then you do not have to apply for compensation for moral damages by the person responsible for the accident. If any harm to health is caused, the amount of compensation will depend on the severity of the harm to health, as described above.

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Required documents

The following documents will need to be attached to the statement of claim:

A copy of the plaintiff's passport.
Documents on which the plaintiff bases his claims.
Medical certificates, receipts confirming treatment costs.
Documents confirming the unlawful actions of the defendant, for example, in the case of libel and (or) insult.
Receipt for payment of state duty.

The claim must be signed by the applicant or his legal representative. It must be dated. The number of copies of the application and copies of documents must correspond to the number of participants in the trial.

A civil claim for compensation for moral damage can be filed during the investigation of a criminal case. Then the amount will be awarded after the judicial investigation, the pronouncement of a verdict and its entry into legal force.

Moral damage caused as a result of an attack and a dog bite

In some cases, courts rightly classify certain dog breeds as sources of increased danger. We are talking about fighting and guard dogs. To illustrate, here is an extract from one court ruling.

For example, in the appeal ruling of the Vologda Regional Court dated August 28, 2013 in case No. 33-3973/2013, the board gave the following arguments:

The Civil Code of the Russian Federation does not directly classify animals as sources of increased danger, however, dogs with specific qualities used as guard dogs can be classified as sources of increased danger.

Considering that the norm of Article 1079 of the Civil Code of the Russian Federation does not contain an exhaustive list of sources of increased danger, the court of first instance, taking into account the special qualities of the animal inherent in such sources, reasonably classified the dog belonging to Status LLC as a source of increased danger.

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Grounds for filing a claim

Do not file a claim for compensation for moral damages until you have determined the grounds for this. You need to understand whether this makes any sense at all or whether it will simply be a waste of your time and money.

Our following recommendations will help you with this:

Determine whether, according to the law, your situation falls under the definition of moral damages. If it is difficult for you to understand this yourself, then it is better to consult a lawyer.
It is necessary to understand whether the harm caused to you was intentional or just the result of a coincidence.
Analyze whether you have a sufficient evidence base for this: witnesses to the incident and your depressed state, medical certificates, receipts for medications, and others.
If you are counting on a fairly impressive amount of compensation, use the services of a highly qualified lawyer.
If the amount of your claim is insignificant, then it makes sense to file it only if you are completely confident that you can win the case. Remember that a trial is both a cost and a waste of energy and precious time.