RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of November 4, 2004 No. 11

About some questions of court practice of application of the legislation on compensation of moral harm

According to the Constitution of the Kyrgyz Republic judicial protection of all rights and freedoms set by the Constitution and the laws of the Kyrgyz Republic is guaranteed to citizens, the right to compensation of material and moral damage is guaranteed to everyone.

Compensation of moral harm is one of methods of protection of the violated civil laws and freedoms provided by the Civil code of the Kyrgyz Republic.

Because in case of application by courts of the legislation on compensation of moral harm, there are questions requiring explanation and also for the purpose of ensuring the correct and uniform application of the legislation regulating protection of the personal non-property rights, the non-material benefits belonging to the citizen and compensation of moral harm, plenum of the Supreme Court of the Kyrgyz Republic, being guided by article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts",

Decides:

1. Draw the attention of courts that judicial protection of the personal non-property rights and non-material benefits belonging to citizens from the birth or by law compensation of the moral harm done to citizens is one of methods of realization of their constitutional rights and freedoms.

According to Article 16 of the Civil code of the Kyrgyz Republic if moral harm (physical or moral sufferings) by the actions encroaching on the non-material benefits or the personal non-property rights violating it belonging to the citizen and also in other cases provided by the law is done to the citizen, the court can assign obligation of monetary or other material compensation of the specified harm to the violator.

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