Compensation for moral damages in the Russian Federation
In Russia, as well as in many other countries of the world, one of the main ways to protect non-property goods is the institution of compensation for moral damage. This institution has existed in the Russian legislation for just over ten years, so it is currently at the stage of improving the law enforcement practice in Russian legal proceedings.
The relevance of the coursework lies in the fact that it not only allows us to define new approaches to the study of the category of compensation for moral harm as a way to protect civil rights, but also to systematize the knowledge accumulated by legal science and law enforcement practice.
Degree of scientific development of the problem. The concept of compensation for moral harm is widely used in legal science and law enforcement practice, which is due to the prevalence of this institution in civil law relations.
Some aspects of the problem of application of civil law norms on compensation for moral harm have been repeatedly considered in legal science. The aim and objectives of the research are based on the urgency and degree of scientific development of the problem.
The aim of the presented work is a complex legal-theoretical analysis of the institute of compensation for moral damage, conducted in the following direction:
A comprehensive analysis of legal acts in force in the Russian Federation as sources of legal regulation of compensation for moral harm;
Consideration of problems of application of legal norms regulating the institution of compensation for moral damage.
Within the framework of these directions it is planned to solve the following problems:
to identify trends in the development of norms regulating the institution of compensation for moral harm;
to determine the content and features of compensation for moral harm, the grounds for the emergence of the right to compensation for moral harm, and intangible rights and benefits protected by compensation for moral harm, in accordance with current legislation and law enforcement practice.
The object of scientific analysis of this work is compensation for moral harm as a theoretical category and as a legal phenomenon of social reality. The subject orientation is determined by the selection and study, within the framework of the stated topic, of normative-legal sources and judicial practice. Common methods of analysis and synthesis, induction and deduction, observation and comparison are methods of analysis and synthesis. Structural analysis, systemic and historical methods were used as the general scientific methods by which the research was carried out. The private scientific method was a specific sociological method. The special methods used in the work included the formal-legal method, methods of legal modeling, various methods of interpretation of law.
These methods made it possible to consider various aspects of the problems of legal regulation of compensation for moral harm within the framework of the goal and objectives of the research in the most consistent and comprehensive manner.
The regulatory framework was made up of: the Constitution of the Russian Federation, federal legislation affecting the issues of regulation of compensation for moral harm, and explanations of the Plenum of the Supreme Court of the Russian Federation.
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