Compensation for moral damage in violation of the rights to personal and family secrets and respect for kinship and family ties

Abstract

The permissibility of wider application of compensation for moral damage in violation of family rights is actively discussed in the science of family law. It is necessary to take into account the specifics of family relations as a whole, as deeply personal, and the fact that Article 8 of the Family Code does not limit the protection of family rights in the ways specified in the norms of it, allowing the use of other methods. Expands the possibilities of using this method of protection Resolution of the Plenum of the Supreme Court of the Russian Federation No. 33 "On the practice of application by courts of norms on compensation for moral damage" dated 15.11.2022, according to which moral damage caused in connection with the disclosure of family secrets and disrespect for kinship and family ties must be compensated. The conditions of application of such a measure of responsibility as compensation for moral damage in case of violation of the right to personal and family secrets and disrespect for family ties in case of restriction of the right to communicate with a child of a separate parent are considered. It is concluded that it is necessary to take into account the actions of the victim himself in relation to family members in order to prevent abuse of the right. Also, given that the secret of adoption protects not only the adoptive parent, but, above all, is established in the interests of the adopted, it is necessary to take into account his attitude to the disclosure of information about adoption.