of November 4, 2004 No. 11
About some questions of court practice of application of the legislation on compensation of moral harm
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 15 of the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts",
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.
According to Articles 11, of 17, 50 Civil codes of the Kyrgyz Republic (further the Civil code) and other laws of the Kyrgyz Republic, protection of the personal non-property rights and other non-material benefits is made by court in those cases and those limits in what use of methods of protection of the civil laws follows from being of the violated right and nature of effects of this violation.
Protection of the personal non-property rights and non-material benefits is performed as using the methods specified in Article 11 of the Civil code in their set, and each of them separately, including compensation of moral harm.
According to Article 1 of the Civil code of the relation, connected with implementation and protection of inaliennable human rights and freedoms and other non-material benefits (the personal non-property relations which are not connected with property), are regulated by the civil legislation as other does not follow from being of these relations.
The methods of protection of the personal non-property rights provided by the Civil code are applied also in cases when protection of such rights specially is not regulated according to family, the labor law, the legislation on use of natural resources and environmental protection, the administrative and legal legislation and other legal acts.
2. Under the personal non-property rights, violation, deprivation or derogation of which can entail causing to the victim of moral harm, according to Article 50 of the Civil code it is necessary to understand: the right addressed to and use of the name; copyright; the right to immunity of the work and other non-property rights according to the laws on protection of the rights to results of intellectual activities.
Treat the non-material benefits belonging to the citizen from the birth or by law: life and health; advantage of the personality; security of person; honor and reputation; goodwill; personal privacy; personal and family secret; possibility of free movement, choice of the place of stay and residence.
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