30 November 2018
Olena Drozdova investigates into correct translation of emotional stress in Hryvnias to obtain compensation for moral harm
Any legal action taken is ultimately purported to recover a right violated and to claim compensation for moral harm suffered because of illegal acts. Еhe restoration of justice and, at least, a minimum compensation for damages a victim has suffered should be perceived as the ultimate goal of legal proceedings.
However, it is quite evident that the amount of actually incurred damages should be determined prior to calculating the amount of compensation to be sought.
Unlike compensation for financial damages, which normally raises no critical or disputable issues regarding the existence and the amount of such damages, a legal action filed to claim moral harm results in a quite complicated situation.
How to translate pain and sufferings in currency units? How to prove the existence of moral harm and causal relationship between an offence and such harm? How to satisfy the court and the opponent that a relevant amount should be sufficient and necessary to restore—or at least to improve— the moral order of a victim? To find answers to the above questions, please read the entire article authored by Drozdova & Partners Law Firm Director Olena Drozdova for YURLIGA web-portal.