Social and Legal Studios

Abstract

The article analyses decisions of European Court of Human Rights in civil cases, in particular, made related to Ukraine. The following analysis of the decision making is directed to uncovering peculiarities of adjudication of just satisfaction by Court in civil cases. Legal standards, which are applied by European Court of Human Rights in civil cases for compensation of material damage, inflicted to physical persons and legal entities are illuminated. The attention is paid on real losses compensation and neglected benefits as components of material damage. The attention is also paid to the research of issues of moral damage compensation to physical persons and non-material damage to legal entities. On the basis of analysis of European Court of Human Rights’ decisions and considering trying civil cases is stated that Court implements right of compensation of non-material damage to legal entities. The author studies the approaches, that are applied by the Court in civil cases trying considering the notion of non-material damage, methods and criteria of evaluation of its dimensions and rules of compensation to legal entity. The attention is also paid to the fact that in the practice of European Court of Human Rights in trying civil cases true criteria of evaluation of moral damage compensation inflicted to physical persons and non-material damages inflicted to legal entities aren’t established and Court acts according to the circumstances and peculiarities of separate case, that it tries. The order of court’s and others’ compensation in practice considering trying civil cases by European Court of Human Rights is analyzed in the work as well as the order of statement’s presentation for receiving just satisfaction is determined in the article. The author made a conclusion that the analysis made of European Court of Human Rights in civil cases considering adjudication of peculiarities of just satisfaction by Court in civil cases could become a basis for further improvements of national legislation, in particular, civil and legal institution of damage compensation

Keywords: just satisfaction, material damage, moral damage, real losses, neglected benefit, European Court of Human Rights

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