Ablyatipova N.A., Volkova I.Yu. Actual Problems of Compensation for Moral Damage Caused to Minors as a Result of Harm to Health
DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.17
Natalia A. Ablyatipova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law, Honored Lawyer of the Republic of Crimea, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4579-3871
Irina Yu. Volkova, Student, Faculty of Law, Russian State University of Justice (Crimean branch), Pavlenko St, 5, 295006 Simferopol, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7962-1667
Introduction: to date, cases of harm to the health of minors are quite common. As a result of the unlawful impact on the health of children, the latter experience physical pain and psychological suffering. To restore violated rights in such cases, the civil legislation provides for the institution of compensation for moral damage, but its imperfections are manifested in the practical implementation of the norms. In this regard, the authors set a goal: to analyze and systematize the positions of civil scientists and the materials of judicial practice to identify the most common problems that arise when considering cases of this category, in particular, when determining the amount of compensation for moral damage. Results: the specifics of the circumstances causing the appeal to the judicial authorities for recovery from the guilty persons who have caused harm to the health of minors, the compensation for moral harm, the lack of the detailed regulation of the mechanism for determining the amount of moral compensation and, as a consequence, the subjective approach of the courts in resolving this issue are studied. Conclusions: based on the analysis of the legislation, the doctrine of civil law, the problems of collecting compensation for moral damage from persons who have committed an infringement on the health of children are formulated. Based on the results of the study, the authors have proposed the recommendations for improving the legislation.
Key words: personal non-material benefit, harm to health, minors, civil protection, moral harm, compensation for moral harm.
Citation. Ablyatipova N.A., Volkova I.Yu. Actual Problems of Compensation for Moral Damage Caused to Minors as a Result of Harm to Health. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 2, pp. 132-139. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.2.17
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