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Article 951. Compensation for moral damage of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 951. Compensation for moral damage of the Civil Code of the Republic of Kazakhstan

     1. Moral harm is the 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 of an offense committed against him, and in the event of his death as a result of such an offense – by his close relatives, spouse.

     Note from <url>!      Cm. Normative resolution of the Constitutional Court of the Republic of Kazakhstan dated 06.10.2023 No. 32-NP.

     2. Moral damage shall be compensated by the causer in the presence of the causer's fault, with the exception of the cases provided for in paragraph 3 of this Article.

     3. Moral damage is compensated, regardless of the fault of the causer, in cases where:

     1) harm is caused to the life and health of a citizen by a source of increased danger;

     2) harm has been caused to a citizen as a result of his unlawful conviction, unlawful prosecution, unlawful use of detention, house arrest or recognizance not to leave as a preventive measure, unlawful imposition of an administrative penalty in the form of arrest, unlawful placement in a psychiatric medical institution or other medical institution;

     3) the harm is caused by the dissemination of information discrediting honor, dignity and business reputation;

     4) other cases stipulated by legislative acts.

     4. Moral damage caused by actions (inaction) violating the property rights of a citizen is not subject to compensation, except in cases provided for by legislative acts.

 

 

 

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Republic of Kazakhstan     

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On the review of paragraph 2 of Article 951 of the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999 and paragraph 9 of the normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 7 "On the application by courts of legislation on compensation for moral damage" for compliance with the Constitution of the Republic of Kazakhstan

On the review of paragraph 2 of Article 951 of the Civil Code of the Republic of Kazakhstan (Special Part) dated July 1, 1999 and paragraph 9 of the normative Resolution of th...

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