Developing an AI-Based Method to Assess Compensation for Moral Harm

According to Articles 2 and 18 of the Constitution of the Russian Federation, individuals, their rights, and freedoms are the highest value. Human and civil rights and freedoms give meaning to laws, and the judiciary ensures them. One of the ways to protect rights and freedoms is to compensate for moral harm caused to him or her. The modern legal regulation of these relations has been unchanged for 30 years, but the regional practice of application is not uniform, which does not comply with the principles of a legal and social state. This study’s subject is to examine how civil law methods protect victims’ intangible rights from illegal infringement, focusing on fair compensation for moral harms. This research aims to assess AI’s potential in developing methods for calculating moral damages, pinpoint legal and organizational obstacles to AI adoption in this field, and propose solutions. The author used general and special scientific methods : analytical, inductive, comparative legal, formal legal methods, methods of description, comparison and study of cases. Based on results of a comparative analysis of existing methods for determining compensation for moral harm, the Supreme Court of the Russian Federation’s clarifications in this area and on own professional activity as a judge, the author concluded that using AI in calculating the basic level of compensation for moral harm and increasing clarifying coefficients (e.g., the coefficient for balancing public and private interests) would support refining and improving current methods for calculating moral harm compensation with the creation of a unified method, or multiple new ones based on the offense’s nature.