The fact of compensation for damages is one of the most important, and complex legal institutions. At the legislative level in our country, there are two types of damage can be caused to a person: material, and moral damage.
The provisions of the Civil Code of Ukraine indicate that any citizen of Ukraine can expect compensation for moral damage if their rights have been violated. In turn, as our legal practice shows, legal disputes on this issue are not unambiguous. Most often, compensation for non-pecuniary damage is possible in disputes in which a person has suffered moral harm or his rights have been violated (for example, property rights).
In other words, a person will be compensated for non-pecuniary damage in cases where there was a violation of their rights.
In this case, moral damage may consist of the following:
- the person’s health was damaged since they experienced pain, and physical suffering;
- the person has experienced mental suffering caused by illegal actions against him or members of his family;
- the person has experienced mental suffering that was caused by the unlawful loss of property or rights to it;
- the honor, and dignity of an individual has been humiliated, business or social reputation has been damaged (also applies to legal entities).
→ Today, moral damage can be compensated in various ways: materially, at the expense of property, etc.
The amount of compensation is determined in court, and depends on a large number of factors:
- the essence of the offense committed against the victim,
- the depth of mental suffering,
- whether there is a fact of deterioration of the physical or mental capabilities of the victim or the lack of ways to implement them due to the non-pecuniary damage,
- the degree of guilt of the offender, if it is the fault that is considered as the basis for compensation for damages.
The amount of compensation for non-pecuniary damage is not related to the amount of compensation for material damage. Such damage is compensated once, unless otherwise provided (for example, in a contract or agreement).
To receive compensation for non-pecuniary damage, it is necessary to correctly draw up a claim, and submit it to the court. It is a lawyer with extensive practical experience who can help you achieve the desired result. A professional consultation will help you not only get answers to your questions but also outline the further course of action when applying to the judicial authorities.
Kasyanenko & Partners Law Company experts provide services to clients:
- representation of interests in court in cases of property, and non-property character
- assistance in recovery of material (direct losses, lost profits), and non-pecuniary damage
- bringing to property liability for non-fulfillment of obligations by charging fines stipulated by both the contract, and the current legislation
- reimbursement of legal aid expenses at the expense of the person who violated your rights.
We carry out the following activities:
- Legal expertise of the submitted documents.
- Familiarization with the case materials in court.
- Collection, and recording of evidence in the case.
- Determination of the legal position in the case.
- Drafting a statement of claim (review of the statement of claim, appeal, cassation).
- Direct representation in court proceedings.
- Appeal against decisions in higher instances at all stages of the judicial process.
- Participation in the execution of a court decision in the Executive service.