The Association of lawyers of Russia has calculated a base compensation of moral harm

Drunken street racer clocked in the night at the sports car and hit a child on a pedestrian crossing. Now the boy until the end of days can’t walk. How to recover from major?

Photo: Anna Kudaeva/WG As a pensioner to prove “harmful” length

This is one of the typical cases of the technique. If you apply built-in formulas, we get 15.1 million rubles, which the major has to pay as compensation for moral damage.

the Counter works as follows: for typical cases laid the base amount, they are called basic sane compensation. For example, for pain and suffering related to human dignity, shock, fear for their lives, the base rate is proposed to establish a million rubles. Here is assumed a situation where serious harm is not caused, the experience was relatively short, but strong, the pain is unbearable. For example, electric shock, prolonged asphyxia as a result of falling under the rubble, a punch in the face, rape, torture subject, as the authors of the methodology, “if these attacks did not result in permanent or even a temporary deficit health.”

Today, the bulk of the victims received for injury or bereavement from 50 to 200 thousand roubles

If the result of the accident, the person is completely paralyzed, the base rate is proposed at 4.5 million rubles. And then apply special coefficients depending on the features of the specific case.

In the case of major-racer basic rate of just 4.5 million rubles. Because the victim is a child, then the sum is multiplied by a half. Since the accident occurred due to gross negligence of the driver, the amount is again multiplied by a half. Such a coefficient 1.5 is applied, and the third time: in the evaluation of the actual OBStotalist as racing on fast car in a condition of narcotic intoxication represents the behavior of particular public danger.

it is Proposed to assess at the standard rates and time spent on treatment. 5 thousand in one day in the hospital for the most severe cases, when a person is confined to a hospital bed, experiencing excruciating pain. When it goes on the amendment, and the ratio decreases.

Photo: iStock In Chelyabinsk, the court found pecuniary damage from the loss of a pet

Another example of the technique. A middle-aged man acquired inside, the new car with a factory defect in the brake system and had an accident, received severe fractures. Part of the accident was the fault of the victim, significantly exceeded the established speed. The first week at the hospital, the driver was particularly in pain, then the pain passed, but he still spent one month in hospital, then twenty days were treated on an outpatient basis. In the end, the breaks have healed, all healed. Filed a lawsuit against the manufacturer of the car.

the First seven days are the most severe multiplied by 5 thousand, the remaining thirty days in the hospital multiplied by 2.5 thousand, and twenty days of outpatient treatment are multiplied by a thousand. The result is the base rate of 130 thousand roubles. Then apply the coefficients. The sum is multiplied by two, since the defendant is a commercial organization. But since the victim is partially to blame, still applies a factor of 0.9, the final amount obtained in the amount of 234 thousand rubles.

to Use the system as a judge, but this is likely to require some legislative changes, and the representatives of the parties and the experts, and the results of computer calculations can justify why parties demand a particular amount as compensation.

the idea of the project is to give judges some guidance for awarding compensation. Hardly anyone would argue with the fact that in similar situations, such as loss of a loved one, should not be such variation from cents to millions.

For the pain and suffering associated with human dignity, fear for their lives, the base rate is proposed to establish a million rubles

“the Problem of imperfection of the practice of awarding compensation for moral harm is now actively discussed in the legal community – says the Chairman of the Association of lawyers of Russia Vladimir Gruzdev. – The Commission of Association of lawyers of Russia on the issues of determining the size of compensation of moral damage brought to the preparation of their proposals a wide range of experts, legal practitioners and legal scholars. Of course, all society is interested to the amount of compensation became respectable, there was clear practice of calculation and purpose of such compensation. The compensation for moral damages two important functions. First – the actual compensation, that is, the restoration of social justice. The second is preventive. A risk that will result in a high amount of compensation may, in some cases to keep the citizen from wrongful conduct or to make it stricter to perform their duties, for example, to monitor compliance with security measures. Therefore, the work on enhancing the practice of awarding compensation is extremely important.”

Photo: iStock Court ordered compensation for moral damages for bad gasoline

According to him, in General courts annually review approximately 16 thousand cases on compensation of harm of life and health, satisfying 90 percent of claims for the sum more than 2,5 billion rubles.

As emphasized by the Chairman tothe mission of the Association of lawyers of Russia on the issues of determining the size of compensation of moral harm Irina Fast, the goal of the proposed methodology is to make it more predictable and fair compensation of moral harm for the most common cases of such attacks.

“Now we are developing a calculator that will calculate the amount of compensation, – says Irina Fast. – The proposed method soft standardization does not deprive the judge of the margin of appreciation in determining the amount of compensation, for example, in the choice of an adequate clarifying factor, but allows to make this process more predictable, the practice of dispute resolution more uniform, and the size of the awarded compensation is more than fair.”

Today, according to experts, the amount of compensation for moral damages levied in Russia on average 4.9 times lower than in Denmark or Israel, 7 times lower than in South Africa, 32 times lower than in the Czech Republic.