DETERMINING THE SIZE OF PRESUMPTUOUS MORAL HARM IN THE LIGHT OF THE ADAPTATION OF A. N. ERDELEVSKIY METHODOLOGY TO THE LEGISLATION OF UKRAINE

Abstract

Based on the synthesis of the practice of European Court of Human Rights in part of the appointment of just satisfaction for moral damage, which under the current law, must be taken into account in judicial practice in Ukraine and comparing the levels of stress according to T. H. Holmes and R. H. Rahe, presumptuous moral harm by A. N. Erdelevskiy methodology with the current legislation of Ukraine, the author has made conclusions regarding the improvement of the size of the calculation of presumptuous moral harm to victims from legal offenses.

Unlike A. N. Erdelevskiy methodology, the author has offered to link moral harm not to the minimum wage, but to the subsistence minimum for able-bodied persons, since the latter indicator is more stable. It has been found out that 1 standard unit (s.u.) for the reimbursement of moral harm established by A. N. Erdelevskiy, is equal to 1000 of the minimum subsistence level determined by the law of Ukraine “On Living Wage”, while in Russia 1 s.u. of moral harm corresponds to 720 minimum wages.

It has been proved that the amount of the reimbursement of moral harm for causing bodily injury of moderate severity should be reduced from 0.30 s.u. (as defined by A. N. Erdelevskiy) to 0.25 s.u., and the amount of compensation for moral harm for light injuries from 0.03 s.u. (according to A. M. Erdelevskiy) should be increased up to 0,06 s.u.

There is the formula for reimbursement of mental suffering related to wrongful conduct, for 1 day of suffering, for 1 day of health disorder and for 1 % of loosing of professional efficiency.

The author has suggested a formula for calculating the presumptuous moral harm, which caused by a certain offense, with the correction for Ukrainian criminal law by comparison with the sanction of the relevant Article of the Criminal Code, which considers public assessment of severity of the criminal offense.