SOCIAL AND ECONOMIC METHODOLOGY FOR ASSESSMENT OF COMPENSATION FOR MORAL DAMAGE TO VICTIMS OF CRIME IN RUSSIA: PROBLEM STATEMENT

Abstract

summary. The article is devoted to problems of the assessment of compensation for moral damage to victims of crime, calculated using socio-economic indices and depending on the social danger level of the moral damage. Attention is focussed on the degree of physical and moral suffering connected with individual peculiarities of the harmed person, and the introduction of differentiated rates of compensation for moral damage to the injured party, depending on the offence committed by the guilty person and the harmful consequences, is offered. Keywords: moral damage; injured persons; compensation; suffering; danger level. Compensation for moral damage to an injured person in Russia must be efficient and be performed preventive and compensatory function, taking into consideration all social consequences of the offence. This is because the suffering of an injured person may be associated for them with additional social ills connected with medical treatment, loss of their job, and/or permanent disablement. In addition, the compensation awarded for moral damage must be realistic as regards the amount of its payment on the part of the guilty person. More than that, the amount of compensation must have a legislatively limited threshold and differentiate between the way harm was caused (crime, administrative offence, civil tort, labour offence) to the injured party and its consequences. That’s why in setting a legislatively limiting threshold of amount of compensation of moral damage regard is to be had to way of causing of harm to injured person differentiated by social danger level and character of occurring consequences as well as adverse effect on injured person.We thus propose to set differentiated amounts of compensation for moral damage to injured parties depending on the offence committed by the guilty person and the resulting harmful consequences. To do this, it is necessary to supplement the Civil Code of the Russian Federation (CCRF), submitting substantial corrections to provisions of the corresponding articles, namely: