Compensation for moral damage.
Compensation for moral damage.
Nowadays, unfortunately, cases of moral damage have become frequent. This may be an insult or humiliation (even publicly), false accusations and the like. It makes the victims worry and nervous. In most cases, the offenders are forgiven. This happens for various reasons: someone does not want to get involved with the offender and the process against him, and someone does not even know that moral damage can be compensated.
First you need to find out exactly what moral harm is, how and who can receive compensation for it. The concept of moral damage is not an exact concept. The Russian legislation does not specify what circumstances can be considered moral damage and how it can be caused. One thing is clear, the abuser can make illegal actions in relation to the victim, cause him trauma, make him nervous and worried.For example, it may be personal injury, attempted theft or murder, insult of the person, which entails the humiliation of the dignity and reputation of a citizen.
Compensation for moral damage! Require compensation for moral damage can absolutely all citizens of our country.
It does not depend on social status, nationality and other characteristics. This right is confirmed by the Constitution of the Russian Federation and is pleased with other laws. But only a citizen, as an individual, is entitled to compensation. Organizations, companies and various firms do not have this right. Moral harm to them cannot be caused. In their cases, the business reputation of the company suffers, but this is a different concept.
Compensation for moral damage? A person can receive such compensation for moral damage only through a court.
In court proceedings are considered such cases. Basically, compensation is required in addition to the other main claim. The request is filed in the process of conducting such a case. It is compiled separately or may be included in the main case. If this happens, the demanding citizen provides clear evidence of moral damage in his address.Vague and unreasonable phrases do not serve as proof to obtain compensation.
An important point in drawing up such a requirement is the definition of its monetary equivalent. In other words, a citizen accurately indicates the amount by which he assesses the damage done to him. The law does not specify the exact amount, so the citizen determines them himself. The amounts should be adequate to the damage for which they are supposed to be paid. It is not necessary to inflate the amount of payments intentionally.
Complaints of justice for non-pecuniary damage.
To date, justice in the country leaves, unfortunately, much to be desired. Sometimes it is even called "basmannaya justice". And, unfortunately, nothing can be done so far. Legal proceedings of citizens are considered for years, although they must be closed within a few months. And, of course, there is no question of any respect for the citizens on the part of the court.
According to the rules, before each meeting, participants are asked whether they trust the court. Negative answers never happen.
Complaints against justice are not always objective.
The Civil Procedure Code, Article 16, provides for a challenge to a judge.The main reason for this is the doubts of citizens participating in the trial, in the impartiality and objectivity of the judge. For example, if the documents of the case for proving guilt or innocence of the defendant were lost. Or the process itself lasts much longer than the allotted time.
Article 19, of the same code, obliges to disclose motivation for the challenge of a judge. Someone's verbal accusations or suspicions are not an excuse for his challenge. Statements for this are written in writing, with clear facts. We must not forget that the other judge may be exactly the same.
By the way, the decision to withdraw may be negative.
Another way to complain about a judge is to appeal to the qualification board.
It is located in the capital of our country, but in each constituent entity of the federation there are such colleges. But they should be addressed only in exceptional cases, with serious violations by the judge.
Many courts, especially in megacities, create their own Internet sites. They have a book of reviews. It is recommended in such books to write all the negative and positive reviews. Those citizens who do not trust such records should address the problems to the chairman of the court.
Complaints of justice are not always competent.It is worth visiting thematic Internet forums. It describes various problems in court and suggests ways to solve them.
Despite the apparent difficulties, any citizen, having shown ingenuity, can come up with ways to disqualify a judge. For example, when exposed to the media. Journalists may conduct a small investigation into a particular judge. You can invite those to the trial or consecrate the work of a judge in a small program of a local television channel or newspaper.
Unfortunately, everyone is used to the fact that the courts in our country are “untouchable”, their actions are unpunished.
Considering the behavior of many judges, it can be concluded that they consider themselves to be at a height. All others who work nearby are simply attendants who do not deserve attention. Such a judge is considered incompetent and incompetent.
Forums on various websites, complaints about justice and reports about such behavior of judges, this is only an indirect influence on the judge. But this is better than nothing. Perhaps someone, having read this ugly truth about himself, will draw conclusions and reconsider his attitude towards work and people.
But the majority of citizens are only interested in a positive decision of the court, and not in the process itself. And not many, having finished the trial, are ready to bring the case of the incompetence of the judge to the end.
What secret does the concept of “judicial discretion” hide?
In ancient Rome, the law was quite simple. The judge of his own case was the plaintiff himself, who needed to select six witnesses for himself and then go to the defendant to administer justice. Here it is - Roman law.
Nevertheless, now the twenty-first century and the times of Ancient Rome have passed. Since then, all along with the judicial system has changed dramatically.
Legal proceedings in the nineteenth century was more difficult than the Roman. If the case was complex and lengthy, the decision could be postponed until the next time, relying on article 702 of the Charter of the Russian Empire on civil proceedings. After that, this decision was announced so that everyone knew.
What secret does the concept of “judicial discretion” hide?
- The current legal proceedings of our country have surpassed both the Russian and the Roman empires.Domestic courts can consider civil cases for years, especially complex cases. Only legislation currently can affect the data process. After the adoption of the law in the Russian Federation in 2010 on compensation for violation of the rights to legal proceedings, anyone has the right to compensation from the Ministry of Finance of the Russian Federation, if the trial was delayed. Citizens can get it only in court after filing a lawsuit with a court of a constituent entity of the Russian Federation.
- The amount of monetary compensation for a claim is determined at the judicial discretion, also based on the practice of the ECHR, the same applies to moral damage and many other cases. According to this discretion, compensation for non-pecuniary damage is also appointed when going to court, relying on Article 151 of the Civil Code of the Russian Federation.
- What secret does the concept of “judicial discretion" hide? Judicial practice shows that this judicial discretion has an extensive range of compensation, ranging from a thousand to a million or even more. If viewed from the point of view of jurisprudence, the judges decide in this case depending on the specific circumstances and facts. In other words, the decision depends on the judge, as he deems necessary in this situation.
- Based on the words of the President of Israel, Sun A.Baraka, for the judge judicial discretion as a certain power of choice from a variety of options, which in this case must be determined by law. According to Aaron Barak, judicial discretion can be limited both procedurally and materially, which implies accordingly impartiality and fairness, a reasonable decision-making.
This only means that judicial discretion, however it is interpreted, depends entirely on the judge himself, his opinion, on his moral convictions and personal qualities. And it is impossible to describe all these moments in any legal act. Therefore, it is simply impossible to assess the compliance with the requirements of competence and the way he thinks, as well as the inherent qualities of a judge.
In other words, different judges with different age, experience, convictions and views on the absolutely identical case will render completely different decisions, which in any case will prove to be legal, i.e. each judge will have his own opinion on the case.
Judge, in its essence, is an official, and if on the other hand, for the judge's profession, creative approach to work is implied, but this is only in words.In fact, the judges do their work in an already standardized pattern, so as not to expend their energy.
It is sad to say that the vocabulary of the majority of our judges is not very different from the stock of the not-known Elena Shchukina, the so-called Ellochka-cannibals, let alone the decisions taken.
And being in a very ugly situation, the judge gets out of it, taking advantage of the legal judgment that is very convenient for him, although it is not professional, dishonest and not beautiful. With all this, it often happens that with the help of such “judicial discretions” we can even replace laws if this case does not fit any of the templates known to the judge.
And on this route, all the incongruous decisions of the judge are justified under the pretext of judicial discretion, which is quite natural. Will judges confess publicly their illiteracy. And if the court decision completely and completely contradicts the existing legislation and real facts, it will simply not disappear under judicial discretion.
What secret does the concept of “judicial discretion” hide?In the circle of lawyers there is an opinion that due to the fact that the court decision must always be correct, and as a consequence of this, only one, there should not be any judicial discretion.
So, to summarize the above, at the time of making a choice in exercising judicial discretion, the outcome depends entirely on the judge, on his views and principles, but there are limitations that are considered a guarantee of justice and are fixed by law.
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