{"id":4994,"date":"2016-05-10T10:36:04","date_gmt":"2016-05-10T06:36:04","guid":{"rendered":"http:\/\/www.armenianlaw.com\/?p=4994"},"modified":"2018-02-27T22:10:25","modified_gmt":"2018-02-27T18:10:25","slug":"on-recovery-of-intangible-moral-damages-in-the-republic-of-armenia","status":"publish","type":"post","link":"https:\/\/www.armenianlaw.com\/en\/on-recovery-of-intangible-moral-damages-in-the-republic-of-armenia\/","title":{"rendered":"On recovery of moral damages in the Republic of Armenia"},"content":{"rendered":"

Introduction of instances of moral damage and compensation to the legislation of the Republic of Armenia<\/strong><\/span><\/p>\n

The Republic of Armenia, in the year 2015, amended the legislation related to compensation for moral (intangible) damage. The first of these changes occurred in 2010 and second in 2014, however, changes made at the end of 2015 provide new opportunities for more detailed and thorough legal regulations, related to the non-material moral damage.<\/span><\/p>\n

Currently, the Republic of Armenia provides compensation for moral damages to the honor, dignity and business reputation, violation of the basic human rights and freedoms, as well as, non-material damage caused as a result of misuse of administrative proceedings.<\/span><\/p>\n

Article 162 of the RA Civil Code provides a definition of the concept of intangible goods. These are defined as; life and health, personal dignity, personal integrity, honor and good name, goodwill, privacy, privacy of personal and family life, the right to free movement, choice of residence and place of residence, the right to a name, the right of authorship, and other non-property rights, other intangible benefits belonging to a citizen, by right of birth, or by law. These rights are further defined as inalienable and non-transferable. In cases and in the manner prescribed by law, moral rights and other intangible benefits that belonged to a deceased person may be exercised and protected by other persons, including the heirs, or the inheritor of copyright and\/or commercial brand.<\/span><\/p>\n

For the purpose of the protection of these rights in practice, the RA Civil Code introduced article 162.1, which adopted the concept of “non-pecuniary, non-material, intangible moral damage” and compensation(s) based therein. Non-pecuniary damage is defined as the physical and\/or spiritual suffering of the person arising as a result of decisions, actions, or inactions that encroached on the rights belonging to that person from birth, or by virtue of the law of tangible or intangible benefits, or violating his\/her personal property, or non-property rights.<\/span><\/p>\n

Non-pecuniary, non-material, intangible moral damage(s) caused as a result of violations of fundamental rights of the person and\/or unfair judgment <\/strong><\/span><\/p>\n

A person has the right to demand compensation(s) for moral damage(s), if the criminal prosecution body or the court confirmed, that the public authority and\/or local authority, as well as, their officials, because of their actions, omissions, or decisions violated the following fundamental human rights enshrined in the Constitution and the Convention on ” the protection of fundamental human rights and freedoms “:<\/span><\/p>\n

    \n
  1. The right to life;<\/span><\/li>\n
  2. The right not to be subjected to torture, inhuman, or degrading treatment, or punishment;<\/span><\/li>\n
  3. The right to personal liberty and security;<\/span><\/li>\n
  4. The right to a fair trial;<\/span><\/li>\n
  5. The right to respect for private and family life, as well as the inviolability of the place of residence;<\/span><\/li>\n
  6. The right to freedom of thought, conscience, religion and free expression of opinion;<\/span><\/li>\n
  7. Freedom of assembly and association;<\/span><\/li>\n
  8. Effective remedies of legal protection;<\/span><\/li>\n
  9. The right to ownership.<\/span><\/li>\n<\/ol>\n

    Legislative changes provide the right for those who are unjustly sentenced, to demand compensation for moral damages. In this case, the non-pecuniary damage shall be compensated regardless of reimbursable property damage and the presence of an actual guilt, and thus this shall be compensated from the state budget of the Republic of Armenia or the municipal budget.\u00a0 This depends on which organ or official person caused the damage.<\/span><\/p>\n

    The amount of compensation, in this case, is the following:<\/em><\/strong><\/span><\/p>\n