Protection of feelings, emotions, and experiences in disputes with the Social Fund of Russia on compensation for moral damage

Compensation for moral damage is the main way to protect intangible benefits and personal non-property rights of citizens. In this paper, the authors investigate the totality of the norms of civil legislation governing the grounds and procedure for compensation for moral damage. Special attention is paid to the author's approaches to the sample under consideration. As you know, the content of moral harm is certain negative feelings, experiences, emotions that are reflected in the human mind. In this connection, there is a legal uncertainty: are feelings the subject of proof of a violated right or a separate benefit protected by law that may be harmed? As a methodology, the authors use comparative approaches to compensation for moral damage for violations of property rights in the practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The authors cite the point of view according to which feelings are a separate good that can be harmed, in connection with which the need for an independent tort is actualized. To support the author's position, an example is the Ruling of the Constitutional Court of the Russian Federation, in which the Court focuses only on the harm to the dignity of the individual caused as a result of violation of non-property property rights, completely ignoring the intangible benefits in the form of feelings, which were also damaged. The authors disagree with the position of the Constitutional Court and formulate their position, according to which harming a person's feelings, emotions and experiences as a result of violation of his property rights is an independent tort, in connection with which a citizen can file a separate claim for compensation for moral damage caused to his feelings, emotions and experiences.