JUSTIFYING THE AMOUNT OF COMPENSATION FOR NON-PECUNIARY DAMAGE IN A JUDICIAL DECISION: AN ANALYSIS OF LEGISLATION AND JUDICIAL PRACTICE
DOI:
https://doi.org/10.37547/Keywords:
non-pecuniary damage, compensation, judicial decision, judicial reasoning, judicial discretion, reasonableness, fairness, proportionality, judicial practice.Abstract
This article examines judicial reasoning concerning the amount of compensation for non-pecuniary damage as an independent subject of research. It provides an integrated analysis of the Civil Code and the Code of Civil Procedure of the Republic of Uzbekistan, Resolutions Nos. 7 and 21 of the Plenum of the Supreme Court, and judicial decisions published in 2025–2026. The analysis demonstrates that courts frequently list the statutory criteria but do not fully explain why the amount claimed was reduced or how the specific award was derived. The author proposes a four-stage model of reasoning that requires courts to identify the consequences of the violation, the evidence supporting those consequences, the effect of each relevant criterion on the final amount, and the proportionality of the award.
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References
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