In life, there are situations where a person suffers not only material damage but also emotional pain: they may be insulted, have false information spread about them, suffer harm to their health, or be illegally prosecuted. In such cases, the law allows for claiming compensation for moral harm.
The legal basis for this mechanism is enshrined in the Civil Code of the Republic of Kazakhstan.

Moral harm refers to the suffering a person endures as a result of the violation of their non-material rights. The legislation of the Republic of Kazakhstan provides for the possibility of compensating for moral harm through judicial proceedings.

According to Article 951 of the Civil Code (hereinafter referred to as the CC), the term "moral harm" is understood as the violation, diminution, or deprivation of personal non-property benefits and rights of individuals, including the moral or physical suffering (humiliation, irritation, depression, anger, shame, despair, physical pain, feelings of inferiority, discomfort, etc.) experienced (endured, undergone) by the victim as a result of an offense committed against them, and in the event of their death as a result of such an offense – by their close relatives or spouse.

Moral harm is compensated only upon confirmation of the fact that the victim suffered moral or physical suffering.

Moral harm is compensated by the tortfeasor when they are at fault. Furthermore, moral harm is compensated regardless of the tortfeasor's fault in the following cases:
– the harm is caused to a citizen's life or health by a source of increased danger;
– the harm is caused to a citizen as a result of their unlawful conviction, unlawful prosecution, unlawful application of detention in custody, house arrest, or a written undertaking not to leave a place as a preventive measure, unlawful imposition of an administrative penalty in the form of arrest, unlawful placement in a psychiatric treatment institution or other medical institution;
– the harm is caused by the dissemination of information discrediting honor, dignity, or business reputation; and in other cases provided for by legislative acts.

The obligation to compensate for moral harm generally arises when the following conditions are simultaneously met:
– the experience of moral harm;
– an unlawful act by the tortfeasor;
– a causal link between the unlawful act and the moral harm;
– fault of the tortfeasor.

Regarding the types of actions that give rise to the victim's right to compensation for moral harm, it should be noted that an essential characteristic of these actions is that they violate the citizen's non-property rights and benefits. Since such rights and benefits are inalienable and non-transferable, they cannot be the subject of transactions. Consequently, obligations arising from the infliction of moral harm in most cases occur in the absence of civil law contractual relations between the parties. However, there may be cases where the right to compensation for moral harm arises even when such relations exist.

Article 952 of the CC stipulates that moral harm is compensated in monetary form and independently of the property damage subject to compensation.

Moral harm is often more sensitive and causes the victim to suffer more acutely than property damage. As such, it cannot be restored, but it can be, at least to some extent, compensated. Due to the lack of a better way to alleviate the victim's emotional distress, monetary compensation serves as this means.
When determining the amount of compensation for moral harm, it is necessary, in certain cases, to take into account the financial situation of the person to whom such harm was caused (Article 952 of the CC).

Moral harm is compensated in monetary terms (Clause 1, Article 952 of the CC). The amount of compensation is determined by the court.

In accordance with Paragraph 8 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 7 of November 27, 2015, "On the Application by Courts of Legislation on Compensation for Moral Harm," when determining the amount of compensation for moral harm, it is necessary to take into account both the citizen's subjective assessment of the severity of the moral or physical suffering caused to them, and objective data evidencing this, in particular: the vital importance of the personal non-property benefits and rights (life, health, freedom, inviolability of the home, personal and family secrets, honor and dignity, etc.); the degree of moral or physical suffering experienced by the victim (deprivation of liberty, infliction of bodily harm, loss of close relatives or spouse, loss or limitation of ability to work, etc.); the form of fault (intent, negligence) of the tortfeasor, when its presence is required for compensation of moral harm.

When determining the amount of compensation for moral harm, the court has the right to take into account other circumstances confirmed by the case materials, in particular, the family and property status of the person responsible for the moral harm caused to the victim.

Current legislation provides for only one form of compensation for moral harm – monetary.

Knowing your rights is the first step towards protecting them. The law gives every citizen the opportunity to restore justice and receive compensation for the suffering caused. The main thing is not to ignore the violation and to act within the legal framework.

Assemgul BOLTYBAYEVA,
Judge of the Aqqayyn District Court,
North Kazakhstan Region