Case regarding poster where kissing Pushkin and Kurmangazy were portrayed: Court and law
28 october 2014
Commentary of foundation "Adil Soz": The rule is not still come into effect, that's why we
shall only note that legislation of Kazakhstan regulates civil disputes, related to recovery of moral damage. The regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On Compensation of Moral Damage" explains a term "moral damage". Moral damage refers to the violation, impairment or deprivation of personal non-property welfare and rights of individuals, including mental or physical suffering experienced by the victim on the offence, committed against him (her). We stress only personal, but not some very important persons. This document elaborates moral suffering which can be compensation of moral damage. Moral damage shall be refundable, if damage, caused to the life and health of a citizen, or his (her) close family members(it means parents, husband (wife), child, brother, sister); if damage, caused to a citizen as a result of his (her) unlawful conviction, unlawful use as a measure a preventive detention, house arrest or recognizance not to live, if damage, caused to personal injury, including uglified open human limb(it means, stigmas and scars), if damage, caused to disclosure of the family, personal or medical secrecy; secrecy of correspondence, phone/ telegraphic messages; the harm, caused by the spread of misleading information discrediting the honour, dignity and business reputation of a citizen, breach of right to a name, to a picture, infringement of his (her) copyrights and allied rights and etc. We can see, that moral sufferings for great men, even for great ancestors are not compensated, according to law. It is so natural, otherwise people, who live on Pushkin street, or authors of the Kurmangazy monuments will demand compensation of moral damage for their sufferings. It is possible to demand some millions for sufferings from victimized apple gardens and for slander with regard to popular singer.
shall only note that legislation of Kazakhstan regulates civil disputes, related to recovery of moral damage. The regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On Compensation of Moral Damage" explains a term "moral damage". Moral damage refers to the violation, impairment or deprivation of personal non-property welfare and rights of individuals, including mental or physical suffering experienced by the victim on the offence, committed against him (her). We stress only personal, but not some very important persons. This document elaborates moral suffering which can be compensation of moral damage. Moral damage shall be refundable, if damage, caused to the life and health of a citizen, or his (her) close family members(it means parents, husband (wife), child, brother, sister); if damage, caused to a citizen as a result of his (her) unlawful conviction, unlawful use as a measure a preventive detention, house arrest or recognizance not to live, if damage, caused to personal injury, including uglified open human limb(it means, stigmas and scars), if damage, caused to disclosure of the family, personal or medical secrecy; secrecy of correspondence, phone/ telegraphic messages; the harm, caused by the spread of misleading information discrediting the honour, dignity and business reputation of a citizen, breach of right to a name, to a picture, infringement of his (her) copyrights and allied rights and etc. We can see, that moral sufferings for great men, even for great ancestors are not compensated, according to law. It is so natural, otherwise people, who live on Pushkin street, or authors of the Kurmangazy monuments will demand compensation of moral damage for their sufferings. It is possible to demand some millions for sufferings from victimized apple gardens and for slander with regard to popular singer.
