The extent of non-pecuniary damage: whether the courts take into account the depth and duration of the victim’s moral suffering

Criminal Law
Dyedov Yevheniy
02.12.2020
Law Services - The extent of non-pecuniary damage: whether the courts take into account the depth and duration of the victim’s moral suffering

The Supreme Court of Ukraine in its decision of August 25, 2020 in the case № 372/3192/18 concluded that established case law determines that the amount of monetary compensation for non-pecuniary damage is determined by the court depending on the nature of the offense, the depth of physical and mental suffering, impairment or deprivation its possibility of their realization, the degree of guilt of the person who caused moral damage, if the guilt is the basis for compensation, as well as taking into account other circumstances that are significant. In determining the amount of compensation takes into account the requirements of reasonableness and fairness.

Instead, the Supreme Court noted that in determining the amount of non-pecuniary damage in the amount of UAH 10,000, the trial court had not reasoned its decision, confining itself to concluding that such compensation would meet the requirements of reasonableness and fairness.

Amending the judgment as regards the determination of the amount of pecuniary compensation for non-pecuniary damage, the appellate court took into account that the amount of compensation determined by the court of first instance did not correspond to the degree of moral suffering of the minor victim.

In particular, the court did not take into account that the juvenile was beaten by an adult, which inevitably causes him further fear of violence, beatings were inflicted, including on the face, the victim underwent appropriate treatment, which led to a change in his normal lifestyle and lifestyle and teaching.

That is, the panel of judges of the Supreme Court pointed out that taking into account the depth and duration of the victim’s moral suffering, the appellate court, according to the circumstances of the case, reasonably determined the amount of compensation for moral damage, which meets the requirements of reasonableness and fairness..

Therefore, based on the position of the Supreme Court, the courts must take into account all the circumstances and the depth of moral suffering of the victim, when determining the amount of non-pecuniary damage.

 

 

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Administrative Law
Administrative Law
Мирошниченко Анастасія
22.07.2021