The task № 2-3 in 1995, the family of the Chelyabinsk region N.

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The task № 2-3
In 1995, the family H. from the Chelyabinsk region presented for the "Mayak" claim for compensation for moral damage. Their child was born with a congenital pathology, and N. tied it with releases of radioactive waste, this is the fault of the company in 1949 - 1952, 1957 and 1967. The conclusion of the examination conducted by the Institute of General Genetics, confirms the link between the radioactive emissions of many years ago and her newborn. Defence argued that because the man and his rights - the highest value (Art. 2 of the Constitution of the Russian Federation) and belong to the person from birth (art. 17 of the Constitution of the Russian Federation), N. child from birth is entitled to compensation, as at the time of his birth act Fundamentals of Civil Legislation of the Russian Federation and the Federal Law "On Environmental Protection".
What decision must take the court?

Additional information

The task № 2-3
In 1995, the family H. from the Chelyabinsk region presented for the "Mayak" claim for compensation for moral damage. Their child was born with a congenital pathology, and N. tied it with releases of radioactive waste, this is the fault of the company in 1949 - 1952, 1957 and 1967. The conclusion of the examination conducted by the Institute of General Genetics, confirms the link between the radioactive emissions of many years ago and her newborn. Defence argued that because the man and his rights - the highest value (Art. 2 of the Constitution of the Russian Federation) and belong to the person from birth (art. 17 of the Constitution of the Russian Federation), N. child from birth is entitled to compensation, as at the time of his birth act Fundamentals of Civil Legislation of the Russian Federation and the Federal Law "On Environmental Protection".
What decision must take the court?

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