Objectivity of compensation for moral damage in civil proceedings

Krioni Maria Valeryevna, Voronin Dmitry Borisovich

The amount of moral damage compensation being sought is currently determined by the judge's inner conviction and taking into account the circumstances of the case. We consider it necessary to exclude the factor of subjectivity and propose a specific formula for calculating compensation for moral damage, taking into account the circumstances that are important in the opinion of the authors, based on the legislative framework of the Russian Federation. The object of the study is the grounds for the recovery of the amount of compensation for moral damage. The subject of the study is the derivation of the formula for the amount of compensation for moral damage, based on the legislative framework on its size, taking into account all factors that affect the amount of compensation for moral damage by virtue of the law, as well as according to the authors. As a result of the study, the factors that affect the amount of compensation for moral damage by virtue of the law were identified, namely• * the nature and extent of the moral suffering caused to the plaintiff; * the nature and extent of the physical suffering caused to the plaintiff; * the degree of the defendant's guilt. As a result of the study, the factors that influence the amount of compensation for moral damage according to the authors were also identified, namely• * the nature of the grounds for compensation for moral damage; * who caused moral damage: an individual or a legal entity. As a result of the study, a detailed analysis of all the circumstances that affect the amount of compensation, a mathematical formula for calculating the amount of compensation for moral damage in civil proceedings was derived. According to the authors, the factors affecting the amount of compensation for moral damage are exhaustive.

Keywords:moral harm, compensation for moral harm, the amount of compensation, the formula of compensation for moral harm, calculation of the amount of moral harm.