A Non-Financial Legal Aspect of Losses Caused as a Result of Forced Termination of the Ownership Right

Abstract

The latest views of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on judicial practice on compensation for moral damage reveal not only new grounds for paying compensation for physical and moral suffering to victims, but also lead to a rethinking of the content of other legal institutions, such as property, civil liability, losses, etc. From the decisions of the highest judicial bodies considered in the article, it follows that the right to compensation for moral damage arises from the victim and as a result of violation of his property rights, if such a violation caused the victim physical and moral suffering. The detailed analysis of the philosophical understanding of the categories of “property” and “alienation” given in the article suggests that in the future moral damage can be compensated by virtue of the fact of its infliction, regardless of the legality of the causal actions. The main content of the text is an analysis of the positions of the Constitutional Court of Russia and other judicial bodies in terms of the ratio of norms on the inadmissibility of forced termination of property rights and norms on the specifics of compensation for harm caused by legitimate actions.