Information regarding the regulatory resolution of the Constitutional Court
(№ 32 of 6 October 2023)
The Constitutional Court considered a citizen's appeal to verify the constitutionality of paragraph 2 of Article 951 of the Civil Code (hereinafter - CC) and paragraph 9 of the Supreme Court's normative decision No. 7 of 27 November 2015 ‘On the application by the courts of legislation on compensation for moral damage’ (hereinafter - SC ND), which regulate issues of compensation for moral damage.
The subject of the appeal suggests that the above norms limit the compensation for moral damages when brought to administrative responsibility only to cases of administrative arrest, which prevents the realisation of his right to judicial protection of constitutional rights and freedoms.
The Constitutional Court considers that the legislator differentiates compensation for moral damage depending on the circumstances of its infliction. In particular, the legislator has defined cases when moral harm is compensated irrespective of the fault of the causer. In all other cases, the Civil Code establishes that moral harm shall be compensated only in the presence of the fault of the causer. At the same time, paragraph 1 of Article 951 of the Civil Code provides that moral damage shall be compensated to a natural person who has experienced moral or physical suffering as a result of an offence committed against him, and in the event of his death as a result of such an offence - to his close relatives, spouse. This provision should be fully reflected in paragraph 9 of the SC ND, which does not clearly show that moral damage is compensated to close relatives in case of death of a natural person who has suffered moral and physical suffering. The clarification of the Supreme Court narrowed the range of subjects to whom moral harm is compensated, which includes only close relatives without mentioning the spouse.
The Constitutional Court recognised paragraph 2 of Article 951of the Civil Code and paragraph 9 of the SC ND as compliant with the Constitution and recommended the Government to consider amending the Civil Code and the Supreme Court to consider amending the normative decision of the Supreme Court.