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The article identifies the most problematic issues of today compensation of moral damage, which have been formed under the influence of the established judicial practice. Based on the formulation and resolution of the general problem of the correlation between the institution of moral damage compensation and the institution of damage compensation, the authors of the article provide a critical assessment of a number of approaches established in judicial practice, effecting the stage of the emergence of the obligation to compensate moral damage. The methodological basis of the study was composed of such special legal methods as the formal legal method and the method of legal modeling. The key conclusion of the study that the relations on compensation of moral damage are independent; their legal regulation is carried out autonomously from the relations associated with the compensation of property damage. At the same time, the authors do not exclude the connection between the mechanism of compensation for moral damage and the mechanism of compensation for property damage. This connection is manifested in the possibility of applying the general provisions on compensation for damage to relations on compensation for moral damage in a subsidiary order, but only in cases, where the basis for the emergence of the right to apply to the court with a claim for compensation for moral damage is a behavioral act that became the cause of the emergence of a tort obligation.
Solomin et al. (Thu,) studied this question.