Civil claims for compensation of moral damage the amount of compensation for moral damage
According to the explanation in paragraph 7 of the NPVS dated November 27, 2015 No. 7 "On the application by Courts of legislation on compensation for moral damage", the amount of compensation for moral damage should be considered reasonable and fair if circumstances related to the violation of personal non-property rights of a citizen are taken into account when establishing it. The measure of responsibility for the committed unlawful act and its consequences for the harm-doer is the amount of monetary compensation. When determining the amount of compensation for moral damage, courts must take into account both a citizen's subjective assessment of the severity of the moral or physical suffering caused to him, and objective evidence indicating this, in particular: the vital importance of personal non-property benefits and rights (life, health, freedom, inviolability of the home, personal and family secrets, honor and dignity etc.); the degree of moral or physical suffering experienced by the victim (deprivation of liberty, bodily injury, loss of close relatives, loss or disability, etc.); the form of guilt (intent, negligence) of the harm-doer, when it is necessary to compensate for moral harm. When determining the amount of compensation for moral damage, the court has the right to take into account other circumstances confirmed by the case materials, in particular, the family and property status of the person responsible for the moral damage caused to the victim. The determination of compensation in a smaller amount than the civil plaintiff requests in the cases studied is mainly related to the financial and marital status of the civil defendant, who has no income and at the same time supports minor children or has obligations (usually alimony). The Pavlodar District Court of the Pavlodar region during the consideration of the criminal case against S. according to part 2 of Article 345 of the Criminal Code, he took into account the victim's subjective attitude. to the violation of his personal non-material well-being (health), the degree of moral and physical suffering experienced, including a general deterioration in well-being, discomfort, and limited physical activity as a result of injuries.
Civil claims for compensation of moral damage the amount of compensation for moral damage
The negligent guilt of the convicted person in causing harm to the victim is also taken into account; the average severity of the harm to health, since bodily injuries do not show signs of danger to life; the financial and marital status of the convicted person, namely, the current lack of earnings and the obligation to pay the costs of paying for the services of a representative, as well as monetary amounts in income. states. Based on the verdict of May 25, 2020, S.'s claims were partially satisfied. Compensation for moral damage in the amount of 250,000 tenge was collected from S. in favor of S.. In the criminal case against R. S. K., convicted by the verdict of the Ekibastuz City Court of Pavlodar region dated June 4, 202 under part 3 of Article 345 of the Criminal Code, and R. B., the owner of a source of increased danger (car), jointly recovered 2,000,000 tenge in favor of the victims B. F. and L. in compensation for moral damage. to everyone. It follows from paragraph 18 of the NPS on transport offences that in cases of this category, vehicle owners should be involved as civil defendants, who, in accordance with Part 1 of Article 931 of the Civil Code, are required to compensate for damage caused by a source of increased danger.
According to paragraph 7 of the NSDC of July 9, 1999 No. 9 on the application by courts of legislation on compensation for damage caused to health, the owner of a source of increased danger should be understood as a legal entity or citizen operating a source of increased danger by virtue of their ownership rights, economic management rights, operational management rights, or other grounds (for under a lease agreement, under a power of attorney for vehicle management, by virtue of an order from the competent authority on the transfer of a source of increased danger, etc.). According to paragraph 13 of the above-mentioned NSAIDS, if a source of increased danger has left the rightful possession of the owner, but the presence of his fault has been established, then responsibility for the moral damage caused is assigned in a shared manner to both the direct causer of moral harm and the owner of the source of increased danger. The case established the guilt of the owner of the source of increased danger, R. B., who did not take reasonable and sufficient measures to exclude the possibility of using the source of increased danger under normal conditions. In this regard, the judicial board changed the verdict regarding the civil claim, deciding to recover compensation for moral damage from R. K. and R. B. in a shared manner: 1,000,000 tenge each.
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