Citizens understand such an expression as compensation for material damage, when liability arises after damage to property. Property damage can be easily estimated in monetary terms. However, it is difficult for many to understand how compensation for moral damage occurs, for what physical suffering the court makes a decision on compensation for damage.
What is moral damage and its compensation
The concept of infliction of moral harm refers to the infliction of suffering, which may be of a physical or psychological nature. The definition of physical suffering does not raise questions for anyone - it is harm to health. Psychological suffering includes mental experiences. These include feelings about the harm:
- fear;
- shame;
- humiliation.
Legislation on compensation for non-pecuniary damage
The ability to demand recovery for loss of a non-property nature is enshrined in the Civil Code, the Constitution of the Russian Federation and the Decree of the Plenum of the Supreme Court of the Russian Federation (1994). Legislative acts provide for the liability of citizens whose actions or inaction 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;
- the right to privacy;
- Copyright;
- the right to family, medical secrecy.
Grounds for compensation for non-pecuniary damage
Compensation for damage is possible in the following cases:
- if the fact of suffering as a result of violation of non-property rights is established;
- the action or inaction that caused the suffering is established;
- the connection between the action or criminal inaction and the harm caused was revealed;
- proved the guilt of the person who caused the damage.
Even if the guilt of the person is not established, according to the law, the victim can make a claim for damages in the event of:
- when the damage is caused by a source that poses an increased danger;
- unlawful conviction, detention, taking a signature from the victim not to leave, imposing an administrative penalty on him;
- dissemination of false information that discredits the honor, dignity or business reputation of the 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 non-pecuniary damage for:
- emotional pain experienced in the event of the loss of a relative;
- physical pain from injuries and stress;
- acquired disability and, as a result, the loss of normal life activity;
- deterioration of the psychological state;
- job loss;
- slander, insults;
- disclosure of family, private, medical secrets;
- violation of the confidentiality of conversations or correspondence.
Method and amount of compensation for non-pecuniary damage
The minimum and maximum penalties are not established by law, there are no formulas for calculating the amount of compensation, and how can one measure the amount of psychological experiences, feelings of fear, shame or humiliation, therefore, when considering, the criteria provided for by law are taken into account:
- The extent of the offender's guilt.
- The degree and nature of the suffering suffered. They are considered individually for a specific injured party - how the offender's actions affected the state of physical and psychological health, for what period the disability occurred. This often requires confirmation.
- Circumstances. Consideration of a particular situation may affect the increase or decrease in the amount of the penalty.
Forms of compensation
The guilty party, prior to the commencement of the trial, may agree to purchase certain items and transfer them to the injured party in order to compensate for the psychological or physical damage caused. The court can make a decision on compensation for non-pecuniary damage only in the manner prescribed by law - in cash. In some cases, the court decides to stop illegal actions or make a refutation. 
The 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 for the principles that must be used to determine the amount of monetary compensation - these are reasonableness and fairness. The word justice implies the use of all existing legislative acts to protect the violated rights of the victim. When determining the amount of compensation to the victim, the court takes into account:
- The desire of the victim to negotiate. The decision of the court to reduce the amount of compensation may be affected by the situation when the guilty party offered to compensate for the damage before the start of the consideration of the claim, and the victim refused in order to enrich himself.
- The material condition of the one who caused the suffering. It is unreasonable to make a decision to reimburse such an amount as the offender cannot pay, but if the guilt of several persons is proved, then a shared share in the recovery of all the guilty is established.
- A public assessment of the event in which the person suffered, this can help the 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 place of residence of the offender, registration of his location or property. Consideration of the claim takes place in the courts of general jurisdiction. In case of disagreement with the decision made by one of the parties, a cassation complaint is filed and the claim is considered 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 the individual data of the plaintiff and the defendant;
- justify what harm was caused and assign your amount for recovery;
- list evidence against the defendant.
Confirmation of non-pecuniary damage
The fact of non-observance of the intangible rights of the victim is established in the course of the trial with the help of the testimony of other persons. The following documents are accepted as evidence:
- certificate of incapacity for work in case of harm to health;
- an article in the media in which false data is published;
- personal correspondence, family photos, when a claim is made for compensation for moral damage for the loss of a relative.
Consequences of moral damage
The evidence of the defendant's guilt regarding the victim may be the conclusion of a medical examination on the psychological state of the victim. The consequences of the harm caused may be unbalanced states of the victim due to the experienced feelings of humiliation, shame, inferiority, irritation, discomfort. The result of moral experiences can be:
- changing relationships at work and in the family;
- deterioration in business results;
- inability to engage in social activities;
- even suicide.
Judicial practice of compensation for moral damage
In practice, it is much more difficult to prove the infliction of moral damage than property damage. The plaintiff must independently or with the help of a lawyer convince the judges that the deterioration in the physical health, psychological state of the victim is the result of the offender's actions. There is a known case when the court imposed the largest penalty (15,000,000 rubles) for the inflicted 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 the damage caused to his health. In lawsuits, courts often reduce the amounts claimed by several times, but such lawsuits are among the lawsuits when the victims receive significant payments. Practice shows that the plaintiff is awarded compensation for non-pecuniary damage from 100,000 rubles to 800,000 rubles. Not only victims can receive compensation in case of an accident, but also persons whose relatives died during the accident.
Compensation in case of violation of consumer rights
The determination by the court of the amount of the penalty from an unscrupulous manufacturer of goods or for improper provision of services does not depend on the cost of products and services. The amount of compensation for such claims is insignificant, they are in the range of 5000-50000 rubles. Mostly, when considering cases, the courts reduce the amounts requested by the injured party to be paid. The plaintiff may be paid compensation for non-pecuniary damage if he is required to pay for medical services that are included in the list of free ones. 
Compensation for moral non-property damage
The limitation period does not apply to the restoration of non-property rights. You can apply for recognition at any time:
- invalid acts of government bodies that violate personal rights;
- author's rights;
- or restoration of honor and dignity.
There is a statute of limitations for claiming damages. It is possible to apply laws on violation of non-property rights and go to court to recover a monetary payment from the defendant in case of:
- violation of the terms of the contract by the travel company;
- violation of family, medical secrets and wills;
- dissemination of inaccurate 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 resolving labor disputes regarding the recovery of compensation, the courts are guided by the Civil Code. Compensation for non-pecuniary damage to an employee may be paid for damage to health during an accident at work or due to work in hazardous working conditions. Damage caused to an employee may be compensated in the event of:
- illegal dismissal or demotion;
- untimely payment of earnings;
- discrimination based on gender, due to age;
- violations of non-property rights and freedoms;
- denial of leave.