Open AccessON DETERMINING ESTIMATED VALUE BENCHMARK COMPENSATION FOR MORAL DAMAGES IN CIVIL CASES
Author(s) -
A. N. Goretskaya
Publication year - 2016
Publication title -
teorìâ ta praktika sudovoï ekspertizi ì krimìnalìstiki
Language(s) - English
Resource type - Journals
eISSN - 2708-5171
pISSN - 1993-0917
DOI - 10.32353/khrife.2015.28
Subject(s) - damages , compensation (psychology) , contradiction , plaintiff , benchmark (surveying) , value (mathematics) , law , criminal case , psychology , political science , criminology , actuarial science , law and economics , sociology , business , computer science , social psychology , epistemology , philosophy , geodesy , machine learning , geography
The article deals the debated issues in determining the amount of compensation for inflicted moral suffering addressed in civil legal proceedings. The calculation of the benchmark equivalentfor moral damages is part of a forensic psychological examination, as well as the establishment of a fact whether the situation in the case is psychologically traumatic. The article analyzes different approaches to determining compensation in civil and criminal cases. It also studies legal norms that define the notion of guilt in the civil process, to some extent they contradict the existing methods of determining the fact ofmoral damages and the amount of the compensation for inflicted suffering. The article discusses the forms of the guilt of the one who inflicted the damage and the guilt of the plaintiff (the injured party), and they must be taken into account while determining the compensation amount, at the same time this data is determined by the court decision and, as a rule, an expert is not provided with this data before the decision is announced. The article concludes with emphasizing the importance of eliminating this contradiction and the necessity of creating new methods to solve this collision.