Affiliation:
1. Kikot Moscow University of the Ministry of Internal Affairs of Russia
Abstract
The paper is devoted to examination of the decline in the overall quality of life of a person who has suffered health damage as an independent kind of non-economic losses. The author defines doctrinal and regulatory prerequisites for the development of scientifically grounded criteria for its assessment and compensation in tort obligations. It has been established that, despite the use of the term «physical suffering» in Article 151 of the Civil Code of the Russian Federation, this element does not have reliable accounting methods when determining compensation for moral damage, largely due to the concentration of the appropriate method of civil rights protection on the act of unlawful behavior itself and the combination of the functions of conditional restoration of individually perceived losses and private sanctions. Taking into account significant foreign experience (Australia, Spain, Italy, USA, France, etc.), the author substantiates that consideration of adverse changes in the general parameters of the physical condition of the victim separately from the moral harm construction is predetermined by their role as a non-economic basis for the life of each person, resulting from a resource-oriented approach to the category of quality of life. The author proposes the method of calculating compensation for non-material damagebased on the principles of isolation of the assessment of physical conditions for temporary and persistent injuries, the complexity of factors of the impact of health damage on the overall quality of life of the injured person, the objectivity of the characteristics of the severity of pain. The scope of application of the construction of moral harm in legal relations under consideration is clarified, extending it to physical and moral suffering, developing from the accompanying intangible losses of «special value» (loss of the ability to enjoy professional activities and ordinary daily activities, loss of prospects for personal growth in sports and hobbies, etc.).
Publisher
Kutafin Moscow State Law University
Reference22 articles.
1. Bogdanov DE. Triedinaya sushchnost spravedlivosti v sfere deliktnoy otvetstvennosti // Zhurnal rossiyskogo prava [The triune essence of justice in the field of tort liability]. Journal of Russian Law. 2013;7:49-62. (In Russ.).
2. Budylin SL. Bol i stradaniya v stranakh obshchego prava. Preyskurant ili sudebnaya diskretsiya? [Pain and Suffering in Common Law Countries. Price List or Judicial Discretion?]. Vestnik ekonomicheskogo pravosudiya RF. 2020;3:78-97. (In Russ.).
3. Guseva II, Zubkov VN. Novye podkhody k metodike opredeleniya razmera kompensatsii moralnogo vreda v svyazi s prichineniem vreda zdorovyu i zhizni grazhdan [New approaches to the method of determining the amount of compensation for moral harm in connection with harm to health and life of citizens]. Russian Justice. 2019;1:62-65. (In Russ.).
4. Guryleva ME, Zhuravleva MV, Aleeva GN. Kriterii kachestva zhizni v meditsine i kardiologii [Criteria of quality of life in medicine and cardiology]. Russian Medical Journal. 2006; 14(10):761-763. (In Russ.).
5. Dubko E. Institut kompensatsii moralnogo vreda v rossiyskom prave [Institute of compensation for moral damage in Russian law]. Zakonnost. 2012;1:49-62. (In Russ.).