NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of November 27, 2015 No. 7

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 benefits and rights belonging to citizens and compensations of the moral harm done to them, the plenary session of the Supreme Court of the Republic of Kazakhstan

decides:

1. Draw the attention of courts that judicial protection of the personal non-property benefits and rights belonging to physical persons from the birth or by law and also compensation of the moral harm done to them is one of effective sales warranties of constitutional rights and freedoms of man and citizen.

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

recognitions of the right;

recoveries of the provision existing before violation of the personal non-property benefits and rights, 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 benefits and rights;

compensations of moral harm.

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

The methods of protection of the personal non-property rights provided by group of companies can be applied by court and when protection of such rights is specially not enshrined in legal acts for work, for scrap and family, for use of natural resources, environmental protection, etc.

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