The Subject Composition of Obligations Arising due to Moral Damage and Their Analysis in Judicial Practice
Keywords: moral damage, compensation for harm, tortfeasor, victim, Civil Code of the Russian Federation, obligations, liability, claim, compensation for moral harm
The article deals with the problems of current legislation in the field of compensation for moral damage, in particular, the subject composition of persons involved in non-material legal relations is highlighted. The relevance of the article is due to the importance of the existing problem in modern civil legislation and judicial practice. Since moral harm is irreparable harm, therefore such harm must be compensated within the framework of the fundamental provisions and positions of the improvement of the law. As amended by the adopted law, the earlier resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of December 20, 1994 "Some issues of the application of legislation on compensation for moral damage" was replaced by a new resolution of the Plenum of the Supreme Court of the Russian Federation No. 33 dated November 15, 2022, which has become much broader in its content and legal regulation. The purpose of the article is to analyze judicial practice and highlight the subject composition of obligations related to compensation and compensation for moral damage. Materials and methods. The realization of the research goal was achieved with the help of general scientific (analysis, synthesis) and private scientific (formal legal, comparative legal) methods. Results. The study of the subject composition showed the diversity of those legal relations and situations in which the subjective rights and obligations of the parties are realized, however, according to the author, significant gaps remain in the issues of compensation for moral damage caused to the life and health of citizens. Of course, the legal analysis of the obligations of compensation for moral damage presupposes, on the issue under consideration, further amendments to the legislation, the formation of more effective law enforcement practice of the courts. Conclusions. The above suggests that there is a duality of approach to the qualification of the norms of the institution of moral harm, to its size and criteria, the conclusion is supported by various examples from the practice of the courts and the analysis of the legislation of the Russian Federation.
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- Aleksandrova Nadezhda V.
- Candidate of Law Sciences, Associate Professor of Civil and Legal Disciplines Department, Chuvash State University, Russia, Cheboksary (email@example.com; ORCID: https://orcid.org/0000-0002-7145-3010)
Aleksandrova N.V. The Subject Composition of Obligations Arising due to Moral Damage and Their Analysis in Judicial Practice [Electronic resource] // Oeconomia et Jus. – 2023. – №1. P. 37-48. – URL: https://oecomia-et-jus.ru/en/single/2023/1/5/. DOI: 10.47026/2499-9636-2023-1-37-48.