DISTRACTION OF FAVORABLE STATE OF ENVIRONMENT AS BASIS FOR MORAL HARM COMPENSATION

Abstract

The article shows that moral harm compensation is very important for problem solution in legal support of favorable state of environment. This harm is done to owners and users of natural resources caused by environmental distraction. It is stated that illegal actions encroaching not only on non-material benefits but also on property right of citizens. Such actions can be a source of physical and moral sufferings. Physical and moral sufferings (moral harm) are caused by property right violations. Such sufferings connect with change of citizen property status which led to residence choice restriction; freedom movement and health deterioration. Only individuals can feel physical and moral sufferings caused by violence for non-material benefits and property. The stated argument doesn't assume moral and physical sufferings for legal entity. As a result of this there is no legal basis for moral harm compensation for legal entities. As a conclusion it is stated that recommendations for collective claims of moral harm compensation in case of ecological delict contradict "moral harm" definition. Department of moral harm compensation which was developed thanks to non-material benefits violation or property rights violation do not have necessary reflection in ecological legislation. According to this it is possible to use standards of the Civil code of the Russian Federation for moral harm compensation at ecological offenses. Negative changes of parameters can be the basis for claim statement about moral harm compensation. These parameters characterize a favorable condition of surrounding environment caused by pollution or natural objects damage. Physical and/or moral sufferings of citizens can be calculated proceeding from market difference of real estate and the land to negative impact and after its pollution or damage of natural objects.