NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 21, 2001 No. 3

About application by courts of the legislation on compensation of moral harm

For the purpose of the correct and uniform application in court practice of the legislation regulating protection of the personal non-property rights and benefits belonging to citizens and compensations of the moral harm done to them, the Supreme Court of the Republic of Kazakhstan decides:

1. Draw the attention of courts that judicial protection of the personal non-property rights and benefits belonging to citizens from the birth or by law and full recovery of the moral harm done to citizens is in an efficient manner realization of constitutional rights and freedoms, creations of the constitutional state and civil society.

2. According to Articles 9 and 141 of the Civil code of the Republic of Kazakhstan (further in the text - the Civil code) and other laws of the republic protection of the personal non-property rights and benefits is made by court in the way:

- recoveries of the provision existing before violation of the personal non-property rights and benefits, including recognition invalid or not subject to application of acts of the state bodies which are not corresponding to the legislation;

- elimination of effects of violation of the personal non-property rights and benefits;

- compensations of moral harm in terms of money.

The personal non-property rights and the benefits are protected by court as application of the methods stated above in their set, and each of them separately.

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