Compensation for non­proprietary damage caused to legal entities: approaches of Belarus and certain foreign states

Abstract

In the article legal grounds for compensation of non­proprietary damage to legal entities in the Republic of Belarus and certain foreign states (Republic of Poland, Ukraine, the Russian Federation) are considered. Both differences and com­ monalities of approaches of legislators and (or) higher courts of these foreign countries in this sphere are demonstrated. It is concluded that national legislation shall entitle legal entities with the relevant right by the introduction of a new legal institution with the preservation or exclusion of the institution of moral damage, or by modifying the latter (in particular, by changing its definition, including legal entities in the circle of the entities having the right to its compensation). Since the determination by the plaintiff of the exact amount of non­proprietary damage caused to him, in contrast to the amount of the losses, may often be impossible, the author believes that it must provide the norm guaranteeing that Belarusian courts will not dismiss the relevant claim in such cases.