Armenian parliament expands system of compensations for moral damages
21.12.2015,
18:46
The Armenian parliament has passed today in the second and final reading a set of changes to the Civil Code, which broaden the system of compensations for moral damages.
YEREVAN, December 21. /ARKA/. The Armenian parliament has passed today in the second and final reading a set of changes to the Civil Code, which broaden the system of compensations for moral damages.
Deputy justice minister Arman Tatoyan said the changes extended citizens’s opportunities to receive compensation for moral damages or for violation of their rights by state agencies or local governments, as well as for inaction of state officials.
He said the law also applies to cases of torture, inhuman or degrading treatment, the rights to life, liberty and security of person, the rights to a fair trial, respect for private and family life, privacy, and freedom of thought, conscience and religion, the rights to freedom of expression, assembly, effective remedy and ownership
"The current system of compensations for moral damage does not meet international standards both in its essence and by the size of compensation and therefore the changes are aimed at bringing the law in line with criteria applied by the European Court of Human Rights,' said Tatoyan.
He said if the fact of moral damage had been proved to be, the aggrieved party may not wait for the completion of the hearing on the case by court and demand moral compensation before the end of the court hearing and the issuance of ruling.
Tatoyan said that the size of compensation for moral damages will be increased from the current 500 thousand or 1 million drams to 2-3 million drams. In case of a serious damage, the court may put aside these figures and set another (higher) size of compensation.
He said also if violations are made by state structures, the compensation will be provided from the state budget, and if they are committed by local authorities - from community budgets.
"According to the prescribed model, if the violation stems from a fault of a government official, the compensation will be charged from them,' said Tatoyan. ($ 1 - 481.04 drams) .-- 0--
Deputy justice minister Arman Tatoyan said the changes extended citizens’s opportunities to receive compensation for moral damages or for violation of their rights by state agencies or local governments, as well as for inaction of state officials.
He said the law also applies to cases of torture, inhuman or degrading treatment, the rights to life, liberty and security of person, the rights to a fair trial, respect for private and family life, privacy, and freedom of thought, conscience and religion, the rights to freedom of expression, assembly, effective remedy and ownership
"The current system of compensations for moral damage does not meet international standards both in its essence and by the size of compensation and therefore the changes are aimed at bringing the law in line with criteria applied by the European Court of Human Rights,' said Tatoyan.
He said if the fact of moral damage had been proved to be, the aggrieved party may not wait for the completion of the hearing on the case by court and demand moral compensation before the end of the court hearing and the issuance of ruling.
Tatoyan said that the size of compensation for moral damages will be increased from the current 500 thousand or 1 million drams to 2-3 million drams. In case of a serious damage, the court may put aside these figures and set another (higher) size of compensation.
He said also if violations are made by state structures, the compensation will be provided from the state budget, and if they are committed by local authorities - from community budgets.
"According to the prescribed model, if the violation stems from a fault of a government official, the compensation will be charged from them,' said Tatoyan. ($ 1 - 481.04 drams) .-- 0--
