of April 28, 2000 No. 7
About some questions of application of the legislation on compensation of moral harm
Having discussed results of studying of court practice on cases on compensation of moral harm, the Plenum of the Supreme Court of the Republic of Uzbekistan notes that the variety of the legal acts governing the relations connected with causing moral harm, different terms of their introduction in action, and also adoption of the Civil code generate the questions requiring permission.
Due to the enforcement of the legal acts providing new type of civil responsibility - responsibility for causing moral harm, and the questions arising at courts, the Plenum of the Supreme Court decides:
1. Draw the attention of courts that questions of compensation of moral harm are regulated by number of legal acts, in particular, Article 112 of the Labor code of the Republic of Uzbekistan, article 22 of the Law of the Republic of Uzbekistan of April 26, 1996 "About consumer protection", article 113 of the Law of the Republic of Uzbekistan of May 6, 2014 "About joint-stock companies and protection of shareholder rights", article 38 of the Law of the Republic of Uzbekistan of May 2, 2012 "About guarantees of freedom of business activity", Articles 11, of 99, of 100, of 163, of 1021 and 1022 Civil codes of the Republic of Uzbekistan, article 19 of the Law of the Republic of Uzbekistan of August 29, 1998 "About road transport.
For the purpose of ensuring the correct and timely permission of the arisen disputes courts need 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, to find out 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 needs to find out 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.
2. Moral harm is understood as the moral or physical sufferings (humiliation, physical pain, lameness, discomfortable conditions, etc.) caused by actions (failure to act), felt (endured) by the victim as a result of the offense made against it.
The non-material benefits belonging to the citizen from the birth or by law can be subjects to illegal actions (failure to act) (life, health, advantage of the personality, goodwill, personal privacy; personal and family secret), personal non-property and property rights (right to inviolability of home, property right, right to use of the name, copyright, etc.).
Moral harm, in particular, can consist in moral experiences in connection with loss of relatives, impossibility to continue active public life, work loss, disclosure of family, medical secret, distribution of the untrue data discrediting honor, advantage or goodwill of the citizen, temporary restriction or deprivation of any rights, the physical pain connected with other damage of health caused by mutilation or in connection with the disease postponed as a result of moral sufferings, etc.
3. According to the current legislation (Art. 1021 of group of companies) one of compulsory provisions of approach of responsibility for causing moral harm is the fault of the causer. The exception is constituted by the cases which are directly provided by the law. For example, when:
- harm is done to life and health of the citizen by source of enhanced danger;
- harm is done to the citizen as a result of his illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention or subscription about proper conduct, illegal application of administrative punishment and illegal arrest;
- harm is done by distribution of the data discrediting honor, advantage and goodwill.
4. If moral harm is done before enforcement of the legal act providing the victim's right to its compensation, requirements of the claimant are not subject to satisfaction including in case the claimant after the introduction of this act in legal force suffers from moral or physical anguish as for the period of damnification such type of responsibility was not established also by the general rule of operation of the law in time the law strengthening responsibility in comparison with acting for the period of making of illegal actions, cannot have retroactive force.
However if the illegal actions (failure to act) of the defendant inflicting on the claimant moral or physical suffering began before entry into force of the law establishing responsibility for causing moral harm and continue after introduction of this law in action, then moral harm in the specified case is subject to compensation.
5. Absence in the legal act of direct instruction on possibility of compensation of the inflicted moral or physical suffering for specific offenses not always means that the victim has no right to compensation of moral harm.
According to p.1 Art. 989 of group of companies the legal entity or the citizen compensates the harm done by his worker in case of execution by it labor (office, official) obligations.
The specified provision of the law extends also to cases of causing moral harm.
6. According to Art. 112 of the Labor code the court has the right to oblige the employer to compensate the moral suffering inflicted on the worker in connection with the illegal termination of the employment contract or transfer into other work.
Such obligation can be assigned to the employer also in case of unreasonable application of authority punishment, refusal in transfer into other work, in discharge from work, in case of delay of issue of the service record, and also the salary and other payments.
7. Courts should mean that the moral harm done in connection with distribution of the data untrue is subject to collection from person by whom data are collected and if these data are entered in the reference, the report, etc. and are approved by group (commission), the moral harm done is subject to collection from each of participants of this group.
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