Object of legal protection for compensation of moral damage in the Russian Federation
As a general rule, established in Articles 151 and 1099 of the Civil Code, the actions, the commission of which gives rise to the victim's right to compensation for moral damage, must have the necessary qualifying feature - they must be violated the non-property rights or benefits of a citizen. Since such rights and benefits are not alienated and are not otherwise transferable, they cannot be the subject of transactions, and therefore obligations from inflicting moral harm in most cases arise in the absence of civil law contractual relations between the parties.
Meanwhile, there may be cases when and in the presence of such relations the right to compensation for moral damage arises, for example, if the publisher violates the personal non-property rights of the author Vasilyev M. in the course of the execution of the author's contract for the publication of a work. Compensation for damage caused to the health of citizens by the adverse effects of the natural environment // Legality.-2005.-No. 7.-C.30.
Not an exhaustive list of non-property rights and benefits protected by compensation for moral damage is given in Article 150 of the Civil Code. Each of the rights and benefits specified there has specifics determined by the nature of this right or benefit and the means of its legal protection established in the legislation. Let us explain this by the example of some types of rights and benefits.
Life and health. There is still no legal definition of these concepts. Such a situation is typical not only for Russian, but also for foreign legislation, which predetermines the appearance of various concepts on this issue. Practical value is the definition of the moments of the beginning of human life and its termination, as it is they who determine the moment of the beginning and termination of the relevant legal norms in relation to a specific person.
In the Russian legal doctrine the approach according to which the moment of a person's birth is understood as the moment of a physical separation of a fetus organism from a mother's organism and its transition to independent physiological functioning which begins with the first breath of the child causing possibility of an independent oxygen exchange in his organism prevails. The definition of the moment of death is given in Article 46 of the Basic Legislation of the Russian Federation on the protection of health of citizens, which has a reference character, as well as in Article 9 of the Law of the Russian Federation "On transplantation of human organs and tissues", from the content of which it follows that the state of death of a person occurs from the moment of irreversible death of the whole brain, which is established in accordance with the procedure approved by the Ministry of Health of the Russian Federation. Trubnikov, P. Application by the courts of the legislation on the protection of honor, dignity and business reputation // Legality.-2006.-No. 5.-C.11.
Russian legislation connects the emergence and termination of civil legal capacity, i.e. the ability of a citizen to have civil rights and bear responsibilities, with the moments of his birth and death, respectively.
Although the Constitution of the Russian Federation does not explicitly mention the right to health, this right is undoubtedly one of the inalienable rights of everyone from birth. This position is confirmed by both Article 41 of the Constitution of the Russian Federation, which establishes the right of everyone to health care and thus guarantees the right of everyone to health, and paragraph 1 of Article 150 of the Civil Code, where life and health are not included in the exhaustive list of non-material benefits belonging to a citizen from birth. A person's right to health protection is an independent personal non-property right closely related to the right to health. The realization of the right to health is ensured by various branches of the right.
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