A veteran of the Afghan war applied to court for compensation for moral damage after a dispute with a neighbor over his refusal to remove a bench near the entrance of the building, which he needed as a disabled person. The defendant publicly used insulting language against him, casting doubt on his participation in the military conflict and the authenticity of his awards.
The plaintiff stated that such remarks, made in the presence of outsiders, caused him serious emotional distress, and he sought 50,000 rubles in compensation for moral damage.
The court of first instance dismissed the claim, finding that the evidence presented was insufficient to confirm the insults. The appellate and cassation courts upheld that conclusion.
The Supreme Court of Russia sided with the veteran, explaining that under the law the burden of proving the absence of moral damage lies with the defendant. The case was sent back for a new hearing.