The moral harm – concept, classification, responsibility

The moral harm – concept, classification, responsibility

The harm is divided into moral and material. This classification is adopted in Ukraine. The amount of material damage is easy to determine. This is causing damage or losses that a person received at the time of the crime. Therefore, it is necessary to restore the original condition.

Not everything is so obvious for the definition of moral harm. It is intangible, and therefore consists in evaluation. The concept of valuation is understood in different ways. When assessing moral harm, not only the rule of law is taken into account, but also vital factors. It is difficult to determine the amount of moral damage, and most importantly, its proof.

Article 23 of the Civil Code of Ukraine states that a person has the right to compensation for moral damage if his rights have been violated.

The moral harm includes:
– physical pain or suffering that a person suffers from injury or other damage to his health

– mental suffering that a person has suffered as a result of unlawful actions or behavior towards himself, his family members or close relatives

– mental suffering that a person received as a result of the destruction or damage to his property

– disrespect or humiliation of the person, as well as the business reputation of an individual or legal entity

What compensations are provided by law?

You must go to court to determine the amount of monetary compensation for moral damage. The court will determine the amount of compensation depending on the gravity of the offense, the severity of physical and mental suffering, disability, and the degree of harm caused to the perpetrators. It will also take into account all the accompanying evidence. It is very important. When determining the amount of compensation, the court takes into account the principle of fairness.

The moral damage is a proven fact of bodily harm or other harm to human health. The victim may require a lump sum payment or receipt of monthly payments.

The law also provides for compensation for moral harm to a person who has experienced the death of a loved one, the husband (wife), parents (adoptive parents), children or other persons. The family can receive compensation. The Article 23 of the Civil Code of Ukraine states that compensation for moral damage is possible through public apologies, refutation of false information. This paragraph refers to actions of an intangible nature.