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Ukrainian MPs Suggest Modifying Laws on Liability for Inflicting “Moral Harm”

On 11 June 2020, a group of Ukrainian members of Parliament registered in Parliament draft law No. 3605 aimed at modifying the laws providing for compensation for moral harm endured by victims.

The suggested amendments include:

  • replacing the term “moral harm” in various provisions of law with the term “harm as a result of pain and suffering”;
  • granting victims the choice where to bring their compensation claims: at the place where the harm was inflicted or at the claimant’s place of residence;
  • the defendant’s salary, pension or social security payments would no longer be spared from freezing funds ordered by court to support compensation claims;
  • court judgements awarding compensation would be subject to immediate execution.

In addition, the draft law suggests explicitly listing among the types of “harm as a result of pain and suffering” the harm caused by an invasion of privacy or a violation of “business ethics”.

Further, in inheritance disputes, the draft law suggests depriving the descendants of the deceased perpetrator of harm of the right to seek a decrease in the compensation payable to the victim due to the disproportionateness of such compensation.

Overall, the draft law introduces a number of explicit provisions in law strengthening the rights of victims of harm caused by “pain and suffering”.

The draft law is still subject to deliberation and voting by Parliament.

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