Procedure For Non-pecuniary Damage

'Know the laws – means to perceive not only their words but also their content and meaning' – said the Byzantine Emperor Justinian. Under the provisions of the Constitution of Ukraine, in particular articles 32, 56, 62 and the current legislation, natural and legal persons are entitled to compensation for moral (moral) damage caused by violations of their rights and freedoms and legitimate interests. The right to compensation for moral harm is an important safeguard the rights and freedoms of citizens and the legitimate interests of legal persons. According to paragraph 3 of the Decree of the Plenum of the Supreme Court of Ukraine "On judicial practice in cases of non-pecuniary (moral) damage ' 4 of 31 March 1995, under the moral harm is to be understood non-property losses due to moral or physical suffering or other negative effects caused by natural or legal person illegal actions or inaction of others. Under current law non-pecuniary damage may consist, in particular: the humiliation of honor, dignity, prestige or reputation, moral feelings in connection with health damage, in violation of property rights (including intellectual) rights granted to consumers and other civil rights, in connection with the illegal stay of remand and the court, in violation of normal vital connections because of the inability to continue an active social life, violation of relationships with others, upon the occurrence of other adverse effects. Under the non-property injury to entity, it should be understood non-property losses, which came in connection with the humiliation of its reputation, infringement of trade name, trademark, trade secret disclosure, and also the commitment of actions aimed at reducing the prestige or undermine confidence in its activities.