Recovery of Compensation for Non-Pecuniary Damage Caused by the State: Grounds and Procedure

This article examines the grounds for awarding compensation for moral damages caused by the state, represented by its agencies and officials, and the procedural procedure for the consideration and resolution of such claims by the court. Based on an analysis of the legal positions of the highest courts, it is demonstrated that the grounds for awarding such compensation vary depending on the sphere in which the moral damage was caused – civil, administrative, or criminal. The author holds the opinion that a prerequisite for satisfying a claim for compensation for moral damages caused by the state under civil jurisdiction is a final court decision declaring the relevant acts, decisions, actions (or inactions) of the public legal body invalid or unlawful. When resolving cases involving the recovery of compensation for unlawful criminal prosecution, the correct identification of the proper defendant is also a prerequisite for the legality of the decision.