statement
Improper conditions of detention of a convicted person that caused moral suffering are grounds for compensation for moral damage at the expense of the state.
A statement by КЦС ВС. Statements are as reported by the cited publishers — not verified by DecisionGateway.
КЦС ВС: неналежні умови утримання засудженого, що призвели до моральних страждань, є підставою для відшкодування моральної шкоди за рахунок держави
Discussion
Related claims
Improper conditions of detention of a convicted person that caused moral suffering are grounds for compensation of moral harm at the expense of the state.КЦС ВС · statementNon-compliance of household and sanitary-hygienic conditions of detention of a convicted person with established standards, which led to moral suffering, is grounds for recovery from the State Budget of Ukraine of compensation for moral harm.supremecourtua · statementThe court determines the amount of compensation depending on the nature and extent of suffering, duration of non-pecuniary losses and other circumstances, based on the principles of reasonableness, prudence and fairness.supremecourtua · statementThe mere fact of a person's presence in temporarily occupied territory and existence in such conditions of general danger of unlawful influence by representatives of the aggressor state is not identical to physical or mental coercion within the meaning of Art. 40 of the Criminal Code of Ukraine.ККС ВС · statementThe mere fact of a person's presence in temporarily occupied territory and existence under such conditions of general danger of unlawful influence by representatives of the aggressor state are not identical to physical or mental coercion within the meaning of Art. 40 of the Criminal Code of Ukraine.ККС ВС · statementIn the cassation appeal, the defense counsel relied on the provisions of Art. 40 of the Criminal Code of Ukraine and on the fact that the coercion was caused by the very fact of occupation and the threat of possible repressions in case of refusal to cooperate.захисник · statement
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