DOI: 10.25136/2409-7136.2024.3.70234

Abstract: The subject of research in this article is the regulations and theoretical ideas about compensation for harm caused to a citizen’s health as a result of adverse environmental impacts. The purpose of the study is to create doctrinal conditions and develop proposals for the development of civil legislation aimed at ensuring compensation for harm caused by damage to health in the environmental sphere. As a result of the study, it was proved that in order to ensure real compensability of harm to health in the environmental sphere, the presumption of environmental danger of certain types of economic activity should be accompanied by the legal establishment of an irrefutable presumption of the origin of physical harm from adverse environmental impacts, based on available knowledge about the causes and symptoms of environmentally caused diseases (medical criterion), whether the victim belongs to a risk group based on living or working in the contaminated area (legal criterion). However, the author does not limit himself to justifying the need to introduce this presumption, but proposes a set of measures for the accompanying development of legislation. It is noted that the irrefutable presumption of the origin of physical harm from adverse environmental impacts must be accompanied by the establishment of an obligation of business entities to create conditions for the implementation of non-tort forms of compensation, alternative to insurance compensation within the framework of liability insurance. In this capacity, agreements on the distribution of risks can act, the terms of which provide for the creation of a quasi-insurance public benefit fund, payments from which will repay obligations to victims in an amount that allows taking into account the loss of ability to do paid work, the need for outside care, etc.

DOI: 10.7256/2454-0706.2020.8.33119

Abstract: The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government  to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.

DOI: 10.7256/2454-0706.2020.8.43347

Abstract: The subject of this research is the legislation and practice of its implementation, as well as the legal doctrine of Russia, Germany and Great Britain on the existing special systems of compensation for damage inflicted to health as a result of work accidents and occupational diseases. The author examines the special systems of restitution for occupational damage that represent starkly different versions of implementation of basic models developed in global practice (Bismarck and Beveridge). Attention is focused on the key issues of compensation for occupational damage using the legal means available in the Russian Federation. Analysis is conducted on the existing foreign experience on the matter. The author’s special contribution to the research of the topic consists in the statement that for establishing balance within the system of restitution for occupational damage it is necessary to clearly demarcate the three types of compensations: guaranteed social security paid from the budget funds in terms of obligations assumed by government  to support vulnerable population groups; obligations in tort recovered from the tortfeasor, considering the grounds and limits of civil liability; insurance payments, which represent partial coverage of inflicted damage based on the terms of insurance contract. The scientific novelty lies in determination of the prospects for improving the national special system of restitution for occupational damage. It is substantiated that in such system the distribution of losses between different types of compensations should be based on the criteria of preferred form of compensation (payment in kind or financial compensation); legal nature of separate elements of reparation (incapacitation, occupational disease, etc.); type of payments (recurring or lump sum), purpose of compensation; calculation of payments.

DOI: 10.25136/2409-7810.2019.3.29997

Abstract: The research subject is the set of legislative provisions composing the civil institution of recourse, the practice of their application in the context of requirements to the procedure and the conditions of imposing different types of responsibility on the officials of internal affairs bodies for offences related to discharge of official duties, and the scope of scientific works studying recourse obligations. The authors analyze the latest statistical data illustrating the condition of litigating actions commenced within the rule of articles 1069, 1070 of the Civil Code of the Russian Federation. The research methodology is based on general philosophical (materialistic and dialectical), general scientific (historical, logical, system-structural), specific (sociological, statistical, hermeneutical methods, modeling, and the method of strategic assessment), and special (structural-legal, formal-legal) methods. The authors substantiate the conclusion that the institution of recourse serves as an effective instrument of strengthening legality in the fields of administrative and criminal procedure. At the same time, the mechanisms of application of direct liability and recourse liability are not equal, and it is necessary to lay groundwork aimed at establishing and proving the illegality of actions (or inactions), consequences, and guilt, in each particular case.   

DOI: 10.7256/2454-0765.2018.4.29999

Abstract: The article is devoted to comparative analysis of reinbursement systems used by the foreign states to compensate for injury. The aim of the research is to find promising areas for developing Russian laws, judicial practice and doctrine by using the experience of the foreign states. The subject of the research is the legislation and judicial practice as well as legal doctrines of Italy, Germany and Great Britain. The author uses the experience of the foreign states that have developed different approaches to defining the volume and nature of injury reimbursement. The methodological basis of the research is general philosophical (materialistic and dialectical), general research (logical, structured systemic, axeological), specific scientific (hermeneutical analysis and strategic assessment method) and special research methods (structural legal, comparative legal and formal legal methods). The author demonstrates that despite differences in their laws, Italy, Germany and Great Britain determine the size of income lost based on a combination factors and quite often do not require the proof of actual loss, neither they demand that an individual is deprived of a right for free health care. Thus, the 'non-material loss' doctrine is not limited to evaluation of moral and physical suffering of an individual but is aimed at returning an individual to the position he or she was in before the right was violated. The scientific novelty of the research is caused by the fact that the author describes prospects for improving Russian law and legal practice including a shift away from a traditional definition of non-material harm viewed mostly as moral suffering resulting from injury; substantiation of the need in integral assessment of lost capabilities and increased physical needs as a result of injury; refusal from the criterion 'no right for free health care' and adoption of the criterion of reasonable loss based on integral assessment of injury consequences. 

DOI: 10.7256/2454-0595.2017.12.24370

Abstract: The subject of the research is the legislation and judicial experience in organisation and performance of specialized funeral services in municipalities. The author examines the problems of determining the legal status of specialized funeral services created in municipalities in order to provide the population with a guaranteed list of burial services within the framework of addressing issues of local importance. The main approaches to the definition of the organizational and legal form of a specialized service for funeral matters when it is created are identified and studied. The methodological basis of the research included dialectical research method that is based on the principles of versatility, objectivity and co-relation of studied phenomena, general research methods (anaysis, synthesis, deduction, induction, analogy, etc.) and special research methods (analytical systems approach, complex analysis, legalistic analysis, etc.). On the basis of the conducted research, the author proposed to bring the provisions of the Federal Law "On Burial and Funeral Affairs" in line with the Federal Law "On General Principles of Organization of Local Self-Government", giving local governments the opportunity to exercise their powers in the funeral business in various ways that do not contradict civil law.

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