Compensation for moral damage in monetary terms
In accordance with paragraph 1 of Article 17 of the Constitution of the Republic of Kazakhstan, human dignity is inviolable.
According to paragraphs 1 and 2 of article 18 of the Constitution, everyone has the right to privacy, personal and family secrets, and the protection of their honor and dignity.
According to Article 9 of the Civil Code, compensation for moral damage is one of the methods of judicial protection of civil rights.
There are certain difficulties in determining the amount of compensation, resulting in an ambiguous judicial practice. The legislation does not define either the minimum or the maximum amount of compensation for moral damage. When determining the amount of compensation, the courts proceed from the general rules provided for by the norms of civil legislation. The amount of compensation for moral damage by the courts is determined according to the general rules of art.6 of the Civil Code of the Republic of Kazakhstan, based on the requirements of good faith, reasonableness and fairness.
The amount of compensation depends on the nature and extent of the moral or physical suffering inflicted on the citizen, the degree of guilt of the causer, and other circumstances. The issue of compensation for moral distress may be considered by the court independently, regardless of the existence of property damage.
The amount of compensation for moral damage in monetary terms should be considered fair and sufficient if, when determining its amount, the court takes into account all the specific circumstances related to the violation of personal non-property rights of a citizen, and the amount of compensation established by the court allows a reasonable conclusion to be drawn about the reasonable satisfaction of the plaintiff's claims.
When determining the amount of moral damage, the courts pay attention to the irreversible consequences of the disease, in which the employee became disabled. At the same time, the courts take into account the nature and extent of the injury, which led to the recognition of the employee as disabled, the guilt of the employee himself in getting injured, what social benefits the employee received after being injured according to the Collective Agreement, etc. The limitation period does not apply to claims for compensation for moral damage, since they arise from personal non-property rights and other intangible benefits.
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