Grounds for recovery of compensation for moral damage, amount of compensation, moral suffering
In accordance with the Constitution, the highest values of the Republic of Kazakhstan are a person, his life, rights and freedoms. In this regard, the legal protection of personal non-property benefits and rights belonging to citizens from birth. Compensation for moral damage caused by them is one of the effective guarantees for the realization of constitutional human and civil rights and freedoms. Unfortunately, in accordance with current legislation, the amount of compensation is determined by the court, based on judicial discretion, taking into account the criteria of fairness and reasonableness, and so on. In practice, the amount of compensation for moral damage depends on the personality of the judge, his moral qualities, and the life experience that determines his personal characteristics. Since it is the judge considering the case who independently, at his discretion, based on an inner conviction, determines the amount of compensation for moral damage. There are no established limits to the amount of compensation for moral damage on the grounds of its infliction, the nature of violated non-property benefits and rights, there are difficulties in determining the amount of compensation for moral damage, and various decisions are made in homogeneous cases. Under current legislation, the negative psychoemotional feelings about the death of a loved one experienced by close relatives, the spouse of the injured person, in the event of his death, as a result of an offense committed against him, are not subject to legal protection. Compensation for moral damage, which by their very nature are absolute and inalienable and cannot be transferred as a result of universal succession.
Accordingly, in case of unlawful deprivation of a person's life, the recovery of compensation for moral damage to relatives or the victim's spouse is excluded, since in this case the violated benefit is personal and inalienable. In addition, the normative legal acts of the Republic of Kazakhstan do not reimburse moral damage caused by actions (inaction) that violate the property rights of a citizen, for example, in collecting the amount of debt, in collecting damages, and so on. Taking into account these difficulties in determining the amount of compensation for moral damage, the Law and Law Law Firm in the pre-trial stage of the case involves specialists in the field of psychology and psychiatry in order to obtain a reasoned and reasoned Conclusion from them. The fact is that it is not uncommon for a court without special knowledge in psychology to determine the degree of moral suffering of a person. When making a decision, the court is limited by personal experience, inner conviction and the degree of empathy expressing the emotional response of a particular judge as a person. Whereas, a specialist (expert) will help to answer in more detail questions about the psychological state of the plaintiff, the depth of his emotional experiences, taking into account his individual characteristics. Thus, the involvement of specialists to assist the court, or the appointment of a medical and psychological examination, meets the objectives of justice to protect and restore violated non-property rights and citizens' rights.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
