Features of non-pecuniary damage (2016)

Features of non-pecuniary damage in the civil law of the Russian Federation (2016)

CONTENT

INTRODUCTION 3
I. GENERAL CHARACTERISTICS OF THE INSTITUTE OF RETIREMENT OF MORAL HARM IN CIVIL LAW 5
§ 1. The evolution of non-pecuniary damage in Russian civil law 5
§ 2. The concept of moral harm and compensation for moral harm in modern Russian civil law 13
§ 3. The legal nature of the institution of compensation for moral harm 17
Ii. REDRESS OF MORAL HARM IN THE SYSTEM OF METHODS OF PROTECTION OF CIVIL LAW 21
§ 1. Basis and conditions of compensation for moral harm 21
§ 2. Criteria for determining the amount of compensation for moral harm 45
§ 3. Features of the payment of compensation for moral harm 48
§ 4. Indemnification of moral harm to a legal entity 50
III. PROBLEMS AND WAYS TO IMPROVE LEGISLATION AND JUDICIAL PRACTICE ABOUT REDRESS OF MORAL HARM 55
§ 1. The problem of assessing the amount of compensation for moral harm 55
§ 2. Problems of compensation for moral harm in the protection of honor, dignity and business reputation 61
§ 3. Problems of compensation for moral harm caused by illegal actions of law enforcement agencies 67
CONCLUSION 71
LIST OF USED LITERATURE 75

LIST OF USED LITERATURE

Regulations

1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. - 2009. - № (7) 4831. - 21 jan.
2. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-ФЗ (as amended by November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301.
3. Civil Code of the Russian Federation (Part Two) of January 26, 1996 No. 14-ФЗ (as amended by November 28, 2015 No. 358-ФЗ) // Collected Legislation of the Russian Federation. - 1996. - № 5. - Art. 410.
4. Civil Code of the Russian Federation (part three) of November 26, 2001 No. 146-FZ (as amended on March 30, 2016 No. 79-ФЗ) // Meeting of the legislation of the Russian Federation. - 2001. - No. 49. - Art. 4552.
5. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on March 30, 2016 No. 78-ФЗ) // Collected legislation of the Russian Federation. - 1996. - № 25. - Art. 2954.
6. Criminal Procedure Code of the Russian Federation of December 18, 2001 No. 174-ФЗ (as amended on March 30, 2016 No. 78-ФЗ) // Meeting of the legislation of the Russian Federation. - 2001. - № 52 (1 h.). - Art. 4921.
7. Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 30, 2015 No. 434-FZ) // Collected Legislation of the Russian Federation. - 2002. - № 1 (part 1). - Art. 3
8. Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-ФЗ (as amended on December 30, 2015 No. 425-ФЗ) // Meeting of the legislation of the Russian Federation. - 2002. - No. 46. - Art. 4532.
9. RF Law of October 18, 1991 No. 1761-I “On the rehabilitation of victims of political repression” (as amended on March 9, 2016 No. 67-FZ) // Vedomosti of the Congress of People´s Deputies of the Russian Federation and the Supreme Council of the Russian Federation. - 1991. - № 44. - Art. 1428.
10. RF Law of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” (as amended on July 13, 2015 No. 233-FZ) // Collected Legislation of the Russian Federation. - 1996. - № 3. - Art. 140.
11. Federal Law of the Russian Federation of July 21, 1997 No. 118-FZ “On Bailiffs” (as amended on December 30, 2015 No. 425-ФЗ) // Collected Legislation of the Russian Federation. - 1997. - № 30. - Art. 3590.
12. Federal Law of the Russian Federation of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (as amended on November 28, 2015 No. 340-FZ) // Collected Legislation of the Russian Federation. - 2007. - No. 41. - Art. 4849.
13. Decree of the Government of the Russian Federation of December 24, 2007 No. 922 “On the specifics of the procedure for calculating the average wage” (as amended on October 15,