Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era
The article substantiates the invalidity of the position formed in the Russian judicial practice about inadmissibility of compensation for physical and moral suffering caused to citizens as a result of offenses committed during the period of the Civil Codes of the Russian Soviet Federative Socialist...
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| Format: | Article |
| Language: | English |
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North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
2024-01-01
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| Series: | Теоретическая и прикладная юриспруденция |
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| Online Access: | https://www.taljournal.ru/jour/article/view/327 |
| _version_ | 1797201564132179968 |
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| author | S. S. Borja |
| author_facet | S. S. Borja |
| author_sort | S. S. Borja |
| collection | DOAJ |
| description | The article substantiates the invalidity of the position formed in the Russian judicial practice about inadmissibility of compensation for physical and moral suffering caused to citizens as a result of offenses committed during the period of the Civil Codes of the Russian Soviet Federative Socialist Republic of 1922 and 1964. For this purpose, the author turns to the discussion of Soviet jurists on the admissibility of recovery of moral damages and evaluates the arguments of the parties for compliance with positive law. As a result, it is concluded that the inadmissibility of material compensation for non-pecuniary harm at that time was conditioned by arguments of a purely ideological nature and that there were no formal obstacles in Soviet civil legislation to the fi ling and satisfaction of such claims, which could be based on the rule of the general tort. |
| first_indexed | 2024-03-08T08:46:45Z |
| format | Article |
| id | doaj.art-f06c24cdcd9741d0b6fd08a49bc6619b |
| institution | Directory Open Access Journal |
| issn | 2686-7834 |
| language | English |
| last_indexed | 2024-04-24T07:49:33Z |
| publishDate | 2024-01-01 |
| publisher | North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) |
| record_format | Article |
| series | Теоретическая и прикладная юриспруденция |
| spelling | doaj.art-f06c24cdcd9741d0b6fd08a49bc6619b2024-04-18T13:39:47ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция2686-78342024-01-0104687410.22394/2686-7834-2023-4-68-74207Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet EraS. S. Borja0HSE UniversityThe article substantiates the invalidity of the position formed in the Russian judicial practice about inadmissibility of compensation for physical and moral suffering caused to citizens as a result of offenses committed during the period of the Civil Codes of the Russian Soviet Federative Socialist Republic of 1922 and 1964. For this purpose, the author turns to the discussion of Soviet jurists on the admissibility of recovery of moral damages and evaluates the arguments of the parties for compliance with positive law. As a result, it is concluded that the inadmissibility of material compensation for non-pecuniary harm at that time was conditioned by arguments of a purely ideological nature and that there were no formal obstacles in Soviet civil legislation to the fi ling and satisfaction of such claims, which could be based on the rule of the general tort.https://www.taljournal.ru/jour/article/view/327moral harmnon-property harmcompensation for moral harmtort lawobligationssoviet civil law |
| spellingShingle | S. S. Borja Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era Теоретическая и прикладная юриспруденция moral harm non-property harm compensation for moral harm tort law obligations soviet civil law |
| title | Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era |
| title_full | Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era |
| title_fullStr | Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era |
| title_full_unstemmed | Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era |
| title_short | Admissibility of Compensation for Moral Harm as a Consequence of a Tort Committed During the Soviet Era |
| title_sort | admissibility of compensation for moral harm as a consequence of a tort committed during the soviet era |
| topic | moral harm non-property harm compensation for moral harm tort law obligations soviet civil law |
| url | https://www.taljournal.ru/jour/article/view/327 |
| work_keys_str_mv | AT ssborja admissibilityofcompensationformoralharmasaconsequenceofatortcommittedduringthesovietera |