Compensate me for moral damages! We explain how this works according to the law.

We often see in the news how someone demanded “compensation for moral damage” from someone else. The plaintiff may demand a symbolic amount, or perhaps quite a significant one. How does this procedure work? Who can claim compensation? How to prove moral harm? We answer all these questions in a new memo.

1

What is considered moral damage?

According to the Civil Code of the Russian Federation, moral harm is the physical or moral suffering that a person has experienced due to a violation of his rights.

Moral harm can be understood as fear, anxiety and a sense of humiliation, deterioration of relationships with loved ones, loss of reputation, as well as physical suffering associated with the stress experienced.

By physical suffering, the law understands not only bodily injury, but also any painful sensations that a person experiences due to a violation of his rights. These may include pain following an injury, deterioration in health, need for treatment, insomnia, limited mobility, and the physical effects of extreme stress.

Basic rules governing compensation for moral damage:

• Article 151 of the Civil Code of the Russian Federation - a general rule on compensation for moral damage;
• Article 1099 of the Civil Code of the Russian Federation - general provisions on compensation;
• Article 1100 of the Civil Code of the Russian Federation - cases of compensation regardless of the guilt of the harm-doer;
• Article 1101 of the Civil Code of the Russian Federation - the procedure for determining the amount of compensation.

2

Who can claim compensation?

Any person who has experienced suffering due to a violation of his rights.

For example:

• a consumer who was sold a low-quality product or service;
• an employee facing illegal dismissal;
• a person who has suffered from the dissemination of defamatory information;
• a patient whose rights were violated by a medical organization;
• a participant in an accident who was injured;
• an ex-convict who was wrongly accused of a crime.

Relatives of the victim can also demand compensation if the violation affected them personally or led to serious consequences for a loved one.

3

How to prove moral harm?

There is no single certificate that will indicate the presence or absence of moral damage. The court will evaluate the evidence in its entirety, so it is very important to collect all possible evidence.

Examples of evidence:

• Documents confirming violation of the right: court decision; test results; case materials; death certificate of a relative; contracts, etc.
• Medical documents: conclusions of a psychotherapist and/or psychiatrist, extracts from a medical record, documents on the treatment of insomnia, anxiety disorder or depression, medications recommended by a doctor.
• Testimony: Relatives, friends and colleagues who can testify to how the situation has affected your condition and lifestyle.
• Other evidence: correspondence, photographs, audio and video recordings, publications in the media.

4

How is the amount of compensation determined?

The amount of compensation is determined by the court, taking into account the specific circumstances of the case.

According to Article 1101 of the Civil Code of the Russian Federation, the nature and degree of suffering, the severity of the violation, the consequences for the victim, the duration of the negative consequences, the individual characteristics of the person and the requirements of reasonableness and justice will be taken into account.

In practice, plaintiffs often claim amounts significantly higher than those ultimately awarded by the court.

5

Where and how to file a claim?

According to the general rule of jurisdiction, claims are filed in court at the location of the defendant (Article 28 of the Code of Civil Procedure). Exceptions include claims for compensation for damage caused by injury, other damage to health, or as a result of the death of the breadwinner. They can be brought to court at the place of residence of the plaintiff or at the place where the harm was caused.

Therefore, to determine the jurisdiction of a case, it is necessary to determine its nature. In some cases, it is possible to create artificial conditions for filing a claim in a court convenient for the plaintiff. Each case has its own specifics, so we advise you to consult a lawyer.

• The statement must detail the circumstances of the incident: when the violation occurred, who committed it, what actions the defendant committed, how your rights were violated.
• Next, you need to explain what rules of law were violated. Sometimes this has already been confirmed by another court decision, the results of an audit, or a resolution of a government agency.
• It is necessary to describe in detail the consequences of the violation of your rights - what physical or moral suffering you experienced.
• You must indicate the amount you are asking to collect. It is important to explain the number you are citing. For example, justify it by the fact that the violation lasted several months; the information became known to a wide range of people; required treatment; the consequences continue to this day.

It is also worth attaching all materials that confirm the infliction of moral harm (clause 2).

By searching “Sample claim for compensation for moral damage” you can find many templates and examples of such statements for different situations.

6

The court accepted my claim. What's next?

After accepting the claim, the court will schedule a hearing and notify the parties of the date for consideration of the case. During the trial, the judge will find out whether the plaintiff’s rights were really violated, whether he suffered moral or physical suffering, and whether there is a connection between these events. To do this, the court will study the documents, hear the parties' explanations and, if necessary, question witnesses.

Based on the results of the consideration, the court may fully satisfy the claim, satisfy it partially, or refuse the requirements.

7

What should I do if I do not agree with the court decision/amount of compensation?

If you do not agree with the court's decision, you can appeal it. To do this, an appeal is filed through the same court that heard the case in the first instance. The complaint must indicate with which conclusions of the court you do not agree and why you consider the decision illegal or unfounded. For example, the court could incorrectly evaluate the evidence, fail to take into account important circumstances, or significantly reduce the amount of compensation without sufficient reasons.

The Court of Appeal will re-examine the case materials and the parties' arguments. Based on the results of the consideration, he can leave the decision unchanged, change it or make a new decision.

8

Examples of such cases

If your claim is directed to a commercial entity or an individual, there is a high chance that it will be considered objectively. But if this is a claim against an official or government agency, the courts often award compensation that is completely inconsistent with the damage caused.

For example, in 2023, father of many children, Viktor Moshkin, was wrongly accused of murdering a child. He was tortured in the pre-trial detention center, and later the investigation established that the girl drowned in the well by accident, and the charges against Moshkin were dropped. After four months in the detention center, Moshkin filed a claim with the Ministry of Justice for compensation for moral damage and demanded three million rubles. The court decided to pay 30 thousand rubles.

Sergei Yudin from Samara was awarded compensation of 400,000 rubles for the 8 years he spent in prison on a fabricated case. Yudin himself requested 12 million rubles and appealed the court decision, but to no avail.

9

Does it make sense to demand compensation if my rights were violated by security forces? The lawyer of the First Department answers

“If rights have been violated and a person has suffered physical/material harm, this is grounds for filing a claim. The amount of compensation may not please the victim, but the very fact of satisfying the claim entails serious disciplinary consequences for the security forces and their leadership

In this case, a person can be satisfied not only with monetary compensation, but also with the punishment of specific employees of law enforcement agencies and their superiors.”