A sample statement of claim for compensation of moral damage
Attention! The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Zhitikarinsky District Court
Kostanay region
The plaintiff: K.I.V.
11/13/1985 year of birth, IIN .,
place of residence: Gitikara .. microdistrict,
house 18, apartment 25, S.T.8777....
Defendant: P.I.A. 05/19/1987
year of birth, IIN .....
residing at the address of Gitikara
... microdistrict, building 16, apartment 41
STATEMENT OF CLAIM
compensation for moral damage.
On January 20, 2019, at about 04:00 in the city of Zhitikar, Kostanay region, P.I.A. Born on 05/19/1987, on the basis of personal hostility, intentionally, realizing the socially dangerous nature of his actions, anticipating and desiring the inevitability of the onset of socially - of dangerous consequences in the form of violation of the constitutional right of a citizen to inviolability of honor, dignity, and business reputation, using the Internet, which is a telecommunications network, she published on her personal page of the Odnoklassniki website, without my knowledge, my photo with the comment "Slut takes 5,000 tenge for 1 hour," thereby spreading deliberately false information about me that discredits my honor and dignity, as well as undermines my business reputation. Thus, P.I.A. Born on 05/19/1987, she committed a criminal offense under part 2 of Article 130 of the Criminal Code of the Republic of Kazakhstan, that is, defamation is the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, committed using telecommunications networks.
A sample statement of claim for compensation of moral damage
According to the 2012 Big Explanatory Dictionary of the Russian language, the word "Slut" means: A loose woman. A prostitute. It is used as a censorious or abusive word. It is also used as a slang term for a prostitute. In accordance with Article 17 of the Constitution of the Republic of Kazakhstan, human dignity is inviolable. According to Article 18 of the Constitution of the Republic of Kazakhstan, everyone has the right to privacy, personal and family secrets, protection of their dignity and dignity. Honor is a public assessment of a person, a measure of his spiritual and social qualities. Dignity is a person's internal self-assessment of their own qualities, abilities, and worldview of their social significance. Business reputation is a stable positive assessment of a person's business merits by public opinion. According to paragraph 1 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 18, 1992 No. 6 "On the application of judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities", it is prescribed: "Courts should bear in mind that the dissemination of information discrediting the honor and dignity of a citizen or organization means.... public statements, statements addressed to various organizations, officials, or other communication, including oral communication, to several persons or at least one person...". "Defamatory information is such untrue information that detracts from the honor and dignity of a citizen in public opinion or the opinion of individual citizens from the point of view of compliance with laws, moral principles of society (for example, information about committing dishonest acts, misconduct in the workforce, in the family; information discrediting production and business activities, reputation, etc.)".
In accordance with paragraph 8 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 18, 1992 No. 6 "On the application of judicial practice of legislation on the protection of honor, dignity and business reputation of individuals and legal entities", it is prescribed "... according to paragraph 3 of Art. 141 and paragraph 1 of art. 143 of the Civil Code of the Republic of Kazakhstan, the obligation to prove that the disseminated information is true is assigned to the defendant. The plaintiff is obliged to prove only the fact of the dissemination of information that is offensive to him by the person against whom the claim is filed, while he also has the right to provide evidence of the inconsistency of the information discrediting his honor and dignity." The widespread claims that discredit my honor, dignity and business reputation do not correspond to reality, since I am a respectable woman, I am raising a child, I have a permanent job, I have not been brought to criminal and administrative responsibility, I am not on special accounts in the Department of Internal Affairs, this is confirmed by the characteristics attached to the complaint. In paragraphs 1 and 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On the application by courts of legislation on compensation for moral damage" dated 11/27/2015, No. 7 states: To draw the attention of the courts to the fact that judicial protection of personal non-property benefits and rights belonging to individuals from birth or by virtue of law, as well as compensation for moral damage caused to them It is one of the effective guarantees for the realization of constitutional human and civil rights and freedoms. Personal non-property benefits and rights, the violation, deprivation or diminution of which may result in moral harm to the victim, should be understood as the benefits or rights granted by law belonging to a citizen from birth, which are inextricably linked to his personality. The benefits that belong to a person from birth include life, health, honor, dignity, freedom, and personal integrity.... .
A sample statement of claim for compensation of moral damage
In accordance with Article 951 of the Civil Code of the Republic of Kazakhstan, "Moral harm is a violation, diminution or deprivation of personal non-property benefits and rights of individuals, including moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, inferiority, discomfort, etc.) experienced (endured, experienced) by the victim as a result of the offense committed against him." By illegal actions of the defendant P.I.A., I suffered moral harm. So after P.I.A. after posting this photo with your comment discrediting my honor and dignity, my friends immediately started calling me, not only from Kazakhstan but also from the Russian Federation. Which, accordingly, caused a sense of humiliation, in addition, this photo began to spread in the Vacap messenger, and work colleagues began to approach me, regular customers called, that is, customers of store No. 41, where I work as a salesperson. Thus, I experienced moral suffering, namely a feeling of anger, irritation, depression, despair, shame. I estimate the moral damage at 300,000 (three hundred thousand) tenge. Based on the above, guided by Articles 166, 167 of the Criminal Procedure Code of the Republic of Kazakhstan, 951 of the Civil Code of the Republic of Kazakhstan,
P R O W U:
to recognize me, K.I.V., born on 11/13/1985, as a civil plaintiff. - to recover from the defendant P.I.A., in my favor on account of compensation for moral damage – 300,000 (three hundred thousand) tenge.
"____" ________ 20____ of the year.
Signed: (K.I.V.).
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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