Grounds for compensation and production of moral damage, amount of compensation, moral suffering
According to the Constitution, the highest value of the Republic of Kazakhstan is a person and his life, rights and freedoms. In this regard, the legal protection of their personal non-property (moral) benefits belongs to citizens from birth. Compensation for moral damage caused to them is one of the effective guarantees for the exercise of constitutional rights and freedoms of Man and citizen. Unfortunately, according to the current legislation, the amount of compensation is determined at the discretion of the court, taking into account the criteria of fairness and reasonableness. In practice, the amount of compensation for moral damage depends on the personality of the judge, his moral qualities, his life experience, which determines his personal qualities. Since there is a judge considering the case, the amount of compensation for moral damage is determined by the court independently, at its discretion, based on internal beliefs. In accordance with the current legislation, negative psycho-emotional experiences experienced by close relatives of the victim, spouse (s), in the event of the death of the victim, moral damage caused by pada as a result of an offense committed against him are not subject to legal protection. Compensation for moral damage by its nature is not provided as a result of universal succession of Rights, which are absolute and inseparable from the victim. Accordingly, in the unlawful deprivation of a person of life, compensation for moral damage to relatives, spouse is not produced, since in this case the violated good is personal and inalienable.
At the same time, according to the regulatory legal acts of the Republic of Kazakhstan, moral damage caused by actions (inaction) that violate the property rights of a citizen is not subject to compensation, for example, when collecting the amount of debt, collecting damage, etc. After all, it is a difficult situation for a court, which does not have special knowledge in the field of psychology and psychiatry, to determine the degree of moral suffering of a person. When making a decision, the court is limited by personal experience, internal beliefs and the degree of empathy that expresses the emotional reaction of a particular judge as a person. Well, a specialist (expert) will help to answer in more detail questions about the psychological state of the applicant, the depth of his emotional experience, taking into account the characteristics of his personality. Thus, the law and Law Office provides comprehensive assistance to citizens in attracting specialists to provide assistance to the court or appointing a medical and psychological examination, protecting and restoring violated non-property benefits and citizens ' rights.
Attention!
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