COMPENSATION FOR MORAL (NON-PECUNIARY DAMAGE) TO THE VICTIM – FACTOR IN PROTECTING HIS HONOR AND DIGNITY

Abstract

The purpose of the article is that because modern important legal principles and moral values in the most advanced democratically developed countries of the world are strict observance of human rights and freedoms, respect for his honor and dignity. These social and legal norms are provided by normative legal acts, judicial and law enforcement bodies of the state, as the meaning of their activity is human life as the highest social value. The article states that the right to protection of the honor and dignity of man and citizen is enshrined in a number of international legal acts. Thus, in international law, the problems of ensuring the protection of the honor and dignity of the individual are regulated by both civil and criminal national law. The article emphasizes that Ukraine is building its state and its political and legal ideology is aimed at entering the circle of advanced countries of Western European democracy, becoming a full member of the EU, an active participant in the European integration process. This difficult task requires the reform of many branches of state building, including in the legal sphere in which civil law relations play a significant role. The article states that the problem of protection of human honor and dignity is enshrined in the Constitution of Ukraine, the Civil Code of Ukraine and a number of regulations. The article clarifies that in modern civil law relations between the parties there are conflicts, misunderstandings, open hostility and aggression which result in moral damage to the victim. The article emphasizes that a person who has been humiliated for his honor and dignity is under moral and psychological pressure, physically and morally suffering. The legislation of Ukraine provides for compensation to the victim by his offender in the form of compensation for moral (non-pecuniary) damage, which acts as a legal institution. The article states that solving this problem by legal means through monetary or moral compensation in the form of compensation is extremely difficult nowadays in both legal and moral-psychological aspects, given the suffering, emotional experiences, which can lead to tragic consequences. The article analyzes the normative legal acts of Ukraine aimed at compensating for moral (non-pecuniary) damage to the victim. It has been established that in Ukraine there are no precise criteria for compensating victims for non-pecuniary damage, which creates a number of problems that judges face in determining the amount of non-pecuniary damage suffered by a certain person. Unfortunately, in the modern Civil Code of Ukraine the concept of "moral damage" is not clearly defined. It is worth taking into account a more in-depth study of the experience of the most advanced countries in the world on the creative analysis of their regulations on compensation for moral damage to the victim and their implementation in the theory and practice of Ukraine.