About Some Issues of Compensation for Moral Damage

Abstract

This article discusses a number of topical issues related to the use of such a method of protecting civil rights as compensation for moral damage. These issues are considered in connection with the analysis of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 33 “On the practice of application by courts of norms on compensation for moral damage” dated November 15, 2022. In particular, the issue of establishing the presumption of moral damage to the victim in the case of committing any offense against him is being considered. The issue of the possibility and conditions for the transfer of the right to compensation for moral damage in the order of universal and singular succession is also being considered. The work uses general scientific and special research methods, including the method of analysis and synthesis, generalization, formal-logical, systematic, comparative, etc. As a result of the analysis carried out in the work, it was concluded that there are sufficient grounds for applying, on the basis of existing legislation and materials of judicial practice, the presumption of causing moral harm to the victim in the event of any violation of his rights. Regarding the possibility of singular and universal succession with respect to the claim for compensation for moral damage, it is concluded that such succession is possible not only in relation to compensation for moral damage established by a court decision that has entered into force, but also by an out-of-court agreement on compensation for moral damage caused to the victim.