The Russians explained the procedure for collecting compensation for non-pecuniary damage
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In certain cases, the heirs can receive the money
Only the victim can claim compensation for non-pecuniary damage; his successors cannot claim it. This, as well as a number of other nuances related to compensation, was explained by the Supreme Court (SC) in one of the decisions of the last plenum.
As it became known to MK, the heirs of the victim can receive money only if the compensation has already been collected by the court, and the plaintiff has died. The Supreme Court also recalled that the statute of limitations does not apply to claims for compensation for moral damage, that is, the victim can demand compensation at any time after he has suffered moral suffering. When calculating the amount of the payment, the court must take into account the individual characteristics of the victim, namely his age and state of health, the relationship between him and the one who caused the harm, the profession of the plaintiff and his occupation. At the same time, the difficult property situation of the defendant cannot serve as a basis for refusing to recover compensation, but this circumstance should be taken into account when determining its amount. We can talk about the defendant’s lack of earnings due to disability or long-term disability, his lack of employment opportunities, the presence of young children, disabled children, an incapacitated spouse or spouse, as well as parents whom he supports.
In addition, the Supreme Court pointed out that not only those in respect of whom the search was carried out, but also everyone who lives with him will be able to claim compensation for an illegal search of a home, seizure of documents.
Compensation may also be awarded for moral harm caused by the dissemination of value judgments, opinions, beliefs, but only if they were expressed in an offensive form that humiliates the honor and dignity of the plaintiff. When calculating the amount, the courts need to take into account the content of the information discrediting the plaintiff, their severity in the public mind, the position of the victim and his individual characteristics.
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