RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 20, 1994 No. 10

Some questions of application of the legislation on compensation of moral harm

Having discussed materials of the carried-out studying of court practice on cases on compensation for the done moral harm, the Plenum of the Supreme Court of the Russian Federation notes that the variety of the legal acts governing the relations connected with causing moral harm, different terms of their introduction in action is generated by the questions requiring permission.

For the purpose of ensuring the correct and uniform application of the legislation regulating compensation of moral harm, the most complete and bystry protection of interests of the victims by consideration of cases of this category Plenum of the Supreme Court of the Russian Federation by courts decides to make the following explanations:

1. Considering that questions of compensation of moral harm are regulated by number of the legal acts enacted in different terms, the court for the purpose of ensuring the correct and timely permission of the arisen dispute needs to find out on each case nature of relations of the parties and by what precepts of law they are regulated whether the possibility of compensation of moral harm by this type of legal relationship allows the legislation and if such responsibility is established, - when the legal act providing conditions and procedure for compensation of harm in these cases and also when the actions which entailed causing moral harm were made became effective.

The court should establish also, than the causing fact to the victim of moral or physical sufferings under what circumstances and with what actions (failure to act) they are put, degree of fault of the causer, what moral or physical sufferings are transferred by the victim in what amount he estimates their compensation and other circumstances important for permission of specific dispute is confirmed.

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