Morālais kaitējums administratīvajās tiesībās un tā atlīdzināšana.

Abstract

Author: Vilmars Endzelis

The theme of the master paper: moral injuries and reparations in administrative rights

The master paper is devoted to the definition of moral (non-material) injury in Latvian Republic and other countries and processual possibilities of gaining compensation for the moral injury. The author analyses the moral injury and the definition of its compensation, the essence of non-material rights and benefits, the meaning and importance of defending those institutes, possibilities of gaining compensation through administrative processual order. As far as administrative courts in Latvian Republic deal with decisions about administrative fines, a part of work is devoted to the order, which established the procedure of gaining the compensation for the moral injury in case, when the court dismisses the decision. The definition of the moral injury supposes not only sufferings, but also physical pain, which was caused through wrongful acts. Any wrongful act done by the State institution, that harms the rights of the private person, might cause person’s injury. According to Constitution and other normative acts of Latvian Republic in such situation any person has rights for reparation of injuries. According to the present regulation of normative acts of Latvian Republic the harmed person may choose the way of reparations of injuries: compensation, restitution and satisfaction. As far as the process of gaining reparation of injuries is complicated enough and such situation is caused by many reasons, the author drew attention to the possibilities of improving the present normative acts. In author’s opinion the meant improvements would make the defense of person’s rights in cases or reparations of injuries more effective.