ON THE ISSUE OF COMPENSATION FOR MORAL DAMAGES IN THE SPHERE OF PUBLIC LAW RELATIONS IN THE RUSSIAN FEDERATION: CONFLICTS AND GAPS IN LEGISLATIVE REGULATION

The article is devoted to the study of the issue of compensation for non-pecuniary damage in the framework of public law relations. The historical aspect of the development of the institution of compensation for moral damage in the Russian state, as well as the main points of legislative regulation of the concept and features of compensation for moral damage at the present time, is considered in brief. A study is being made of the existing procedure for compensation for moral harm in the presence of violations of the rights of citizens by state bodies and officials, the features of this procedure, as well as the existing problems that citizens face in the way of compensation for the moral and moral suffering caused to them. The article highlights the various opinions that exist in the scientific community regarding compensation for moral damage within the framework of the current Code of Administrative Offenses of the Russian Federation, as well as obstacles to compensation for moral damage within the framework of civil law using the rules of civil proceedings. The authors note that despite the rather broad definition of the concept of non-pecuniary damage, the grounds for its compensation (in particular, on the example of the consideration of disputes in courts of general jurisdiction according to the rules of civil proceedings), there are questions, gaps that require elaboration and adoption of appropriate changes in regulatory legal acts. The article points out that the settlement of disputes arising from the infliction of moral harm in the relationship of a citizen with state bodies and officials requires a special legal mechanism that would take into account all the features of public law relations, including cases when a citizen is unlawfully brought to administrative responsibility. The paper provides alternatives to pecuniary compensation for moral damages to a citizen in the field of public law relations, such as refutation, reconciliation and apology.

citizens’ rights, legislative regulation, law enforcement agencies, administrative responsibility, compensation, reparation, criteria, moral damage, public law relations, emotional and moral suffering, judicial acts

Makhina S. N., Voronenko O. A. On the issue of compensation for moral damages in the sphere of public law relations in the Russian Federation: conflicts and gaps in legislative regulation. Business. Education. Law, 2022, no. 1, pp. 187—192. DOI: 10.25683/VOLBI.2022.58.143.