Сompensation For Moral Damage as a Way to Protect Personal Non-property Rights

Abstract

Personal non-property rights are of an individual non-property and absolute nature, belong only to a person, and therefore require special protection that meets the criteria of efficiency and accessibility. Violation of a person's personal sphere inevitably affects his or her position in society and his or her own sense of self. Compensation for moral damage allows compensating for the person’s loss in case of violation of his or her non-property rights, intangible benefits. The concept of moral harm as physical and moral suffering does not cover the psychoemotional states of the victim, as well as the fact of a decrease in the quality of life is not taken into account, which makes the scope of compensation limited. The harm compensation mechanism is imperfect in terms of determining the size and the reality of its compensation. In practice, compensation for moral damage does not always effectively protect personal non-property rights, which expresses the relevance of the stated topic. The purpose of the work is to identify the problems that arise when compensating for moral damage and to propose solutions that can be applied in practice. The objectives of the work are to analyze the characteristics of moral damage, the mechanism for its compensation, the practice of its application and to evaluate the effectiveness of the latter. The work uses both general (analysis and synthesis) and special (comparative and formal-legal) research methods.