Актуальные проблемы возмещения морального ущерба, причиненного несовершеннолетним в результате нанесения вреда здоровью

Abstract

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.