MORAL DAMAGE
compensation in case of the illegal activities of the authorities
The state must act as the main guarantor of human rights and freedoms. Therefore, any illegal decisions by the authorities are unacceptable and especially often cause citizens not only material damage but also significant moral damage. In this regard, in the Civil Code in Art. 1167 enshrines the inalienable right of every citizen to compensation for non-pecuniary damage in case of illegal decisions, as well as actions or omissions of public authorities, authorities of the Autonomous Republic of Crimea, local governments, their officials and officials.
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It should be noted that by virtue of Art. 1173 of the Civil Code, the damage is reimbursed regardless of the fault of the defendant, and the illegality of his actions and decisions is presumed - the burden of proving their legality rests with the defendant.
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Judicial practice confirms that compensation for non-pecuniary damage is possible and real in the event of an appeal against illegal actions of the authorities.
Thus, in the Resolution of the Supreme Court of 25.03.2020 in the case № 554/49/18 the plaintiff suffered mental suffering worth UAH 10,000. in connection with the repeated appeal for protection of the violated right to various institutions and the inaction of the authorities at his request to expedite the investigation of the criminal proceedings in which he was a victim.
In another case - № 823/782/16 - the Supreme Court in its Resolution of 15.08.2019 agreed to collect from the management of the Insurance Benefits Fund moral compensation of 5 thousand, because he refused to issue a personal file of the plaintiff and formally wrote him off. A waste of time, according to the court, can also be considered moral suffering.
An interesting example is also the case № 522/11325/16 , in which the plaintiff assessed the non-pecuniary damage caused to him by the refusal of the Odessa City Council to decide on the approval of the land management project in the amount of UAH 500,000. however, the court significantly reduced the amount of damages from the plaintiff's mental suffering in its decision.
In practice, courts often reduce the amount of damage claimed due to insufficient justification of their amount. This happened, in particular, in the case №210 / 5258/16-ц , where the Resolution of the Grand Chamber of 05.12.2018 satisfied the claim in an amount almost four times smaller than the one requested by the plaintiff.
What is the procedure for protection of intangible rights in such situations?
In case of moral damage caused by the authorities, it is best to apply to the administrative court for jurisdiction.
Together with the statement of claim, which is drawn up in accordance with the requirements of Art. 160 of the CAJ , it is also necessary to attach identity documents, as well as a copy of the decision taken by the state or local government, and a written response of this body to certify the violation of rights and the existence of a dispute between the parties.
In such cases, it is important to correctly identify the person responsible for the damage caused to you, ie the defendant. If the authorized person or body is not specifically specified in the law, or it is stated that the damage is compensated at the expense of the state, then along with the relevant state body, the court must bring as a defendant the relevant body of the State Treasury of Ukraine. This was also emphasized by the Supreme Court in the judgment in case № 522/11325/16 .
It should be noted that in cases of this type there is no court fee for filing a statement of claim, in accordance with the provisions of paragraph 13 of Part 2 of Article. 3 of the Law of Ukraine "On court fees".
Do you need legal assistance or advice in connection with the infliction of damages by illegal actions of the authorities? Contact the specialists of the Podolsk Legal Center by contact phone numbers or via CHAT at the bottom of the page .