MORAL DAMAGE to servicemen
Every serviceman should be aware of the rights and guarantees provided by law for his social and legal protection.
One of such guarantees is compensation of moral damage , according to Art. 17 of the Law of Ukraine "On social and legal protection of servicemen and members of their families".
In which cases is it possible to obtain compensation for non-pecuniary damage?
Read more in the article: Moral Damage to Servicemen and Judicial Practice.
Compensation to servicemen for moral and material damage is carried out in the manner prescribed by law.
The list of grounds for compensation for non-pecuniary damage is not exhaustive, and usually comes down to the following situations:
damage caused as a result of violation of the rights of servicemen
physical pain and suffering suffered by a serviceman in connection with an injury or other damage to health during service
mental suffering suffered by the serviceman in connection with illegal behavior towards himself, members of his family or close relatives
illegal orders, decisions and actions or inaction of the command (in particular, issuance of orders for dismissal, transfer, refusal to make payments, prosecution, etc.).
injuries and trauma caused by participation in hostilities.
Who compensates for moral damage to servicemen?
As a rule, compensation for moral damage is entrusted to the Ministry of Defense of Ukraine as the main body of military administration.
It is responsible for the implementation of all measures aimed at the implementation of socio-economic and legal guarantees for servicemen, employees of the Armed Forces, persons discharged to reserve or retired, as well as members of their families. Therefore, any lawsuits or appeals regarding the payment of moral compensation should be sent to the Ministry of Defense of Ukraine.
What amounts can be reimbursed as non-pecuniary damage?
No law determines the specific amount of non-pecuniary damage. Each case is individual. You can claim the amount you deem necessary, and the court will assess it in terms of certain criteria and establish a fair amount in the specific situation of the damages to be reimbursed.
The amount of monetary compensation for non-pecuniary damage is determined by the court depending on:
the nature of the offense,
depth of physical and mental suffering,
deterioration of the victim's abilities or deprivation of his ability to implement them,
the degree of guilt of the person who caused moral damage, if the guilt is the basis for compensation,
as well as taking into account other circumstances that are significant.
In determining the amount of compensation takes into account the requirements of reasonableness and fairness. Non-pecuniary damage is compensated regardless of the property damage that is subject to compensation and is not related to the amount of this compensation. Moral damage is reimbursed once, unless otherwise provided by contract or law.
How to act to obtain compensation for non-pecuniary damage?
Moral damage to servicemen is compensated only in court.
To do this, you need to apply to the administrative court for jurisdiction with a statement of claim to the Ministry of Defense of Ukraine. In this case, it is appropriate to seek the help of an experienced lawyer to properly file a statement of claim, taking into account all the nuances of law and case law.
By handing over your case to the lawyers of the Podolsk Legal Center, you receive the highest quality legal services not only for writing written documents, but also for court support.
Contact us and we will definitely consult and help!
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