Problems of non-pecuniary damage compensation as a method of civil rights protection in decisions of the Supreme Court of the Chuvash Republic
The article is devoted to a challenging issue of non-pecuniary damage compensation as a way of protection of citizens’ violated rights. The right for protection of honor, dignity and business reputation is one of the fundamental personal non-property civil rights. In conformity with article 23 of the Constitution of the Russian Federation, everyone has the right for protection of his honor and good name. The article aims to reveal peculiarities, the order and the amount of indemnity in accordance with statutes in place in the Russian Federation. General provisions of the concept of non-pecuniary damage compensation are analyzed and some examples are provided. Decisions of the Supreme Court of the Chuvash Republic connected with compensation of non-pecuniary damage to life, health, honor and dignity are examined and criteria of non-pecuniary damage and its amount are evaluated. In law enforcement practice courts are often faced with uncertainty in legal regulation of the procedure of non-pecuniary damage calculation. It is the author's opinion that the problem of the lack of precisely defined criteria of non-pecuniary damage compensation and of clear quantification methodology has always created difficulties in decisions of the Supreme Court of the Chuvash Republic. An integrated approach to the study of problematic issues of citizens’ violated rights protection was applied in the investigation. The main results of the study can be used in law enforcement and judiciary authorities’ activities as well as in educational process during seminars and practical classes.
- Aleksandrova N.V. Pravosudie kak forma realizatsii i osushchestvleniya sudebnoi vlasti [Justice as a form of realization and the exercise of judicial power ]. Vestnik Chuvashskogo universiteta, 2014, №3, pp. 253–256.
- Aleksandrova N.V., Fedorov I.Z. Realizatsiya prav grazhdan na spravedlivoe sudebnoe razbiratel’stvo v grazhdanskom protsesse [The right of citizens to a fair trial in civil proceedings]. Vestnik Rossiiskogo universiteta kooperatsii [Bulletin of the Chuvash University], 2015, № 4(22), pp. 82–85.
- Belyatskin S.A. Vozmeshchenie moral’nogo (neimushchestvennogo) vreda [Compensation for moral (non-property) damage]. Moscow, Gorodets Publ., 2005, 64 р.
- Verkhovnyi sud Chuvashskoi Respubliki: ofits. sait [The Supreme court of the Chuvash Republic: official site]. URL: http://gov.cap.ru/?gov_id=47.
- Ivanov N.V. Nauchno-teoretichsekaya kontseptsiya printsipa svobody dogovora v grazhdan-skom prave [Scientific Teoreticheskaya the concept of the principle of freedom of contract in civil law]. Sovremennye problemy nauki i obrazovaniya [Modern problems of science and education], 2014, no. 6, pp. 17–19.
- Aleksandrova Nadezhda V.
- Candidate of Law Sciences, Associate Professor of Civil and Legal Disciplines Department, Chuvash State University, Russia, Cheboksary (firstname.lastname@example.org; ORCID: https://orcid.org/0000-0002-7145-3010)
Aleksandrova N. Problems of non-pecuniary damage compensation as a method of civil rights protection in decisions of the Supreme Court of the Chuvash Republic [Electronic resource] // Oeconomia et Jus. – 2016. – №3. P. 42-47. – URL: https://oecomia-et-jus.ru/en/single/2016/3/5/.