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Title of Article

CONCEPT AND LEGAL NATURE OF COMPENSATION OF MORAL HARM AS A WAY OF PROTECTING CITIZENS' VIOLATED PROPERTY RIGHTS


Issue
3
Date
2019

Article type
scientific article
UDC
347.2/.3
Pages
114-119
Keywords
 


Authors
Pagava T.L.
Rossiyskaya akademiya narodnogo khozyaystva i gosudarstvennoy sluzhby


Abstract
The attitude toward the institution of compensation for moral harm in Russian civil law is ambiguous not only because of the lack of a unified approach to the method of calculating the amount of compensation. The use of the notion of «moral harm» itself is also controversial. In this regard, the purpose of the study is to analyze the term «moral harm», its meaning and characteristics. The methodological basis of this work consists of a set of methods such as the systems method, analysis, and the comparative legal method. In the course of the study, the author proposes a concept about the presence of not only two key elements of moral harm (physical and moral suffering), but also guilt, wrongfulness of behavior, and the presence of an object of encroachment - a violated citizen's right.

File (in Russian)