Morozov A.A., Gudkova M.O. —
Formation and Development of Compensation for Moral Damage in Russia.
// Law and Politics. – 2022. – ¹ 8.
– P. 15 - 27.
DOI: 10.7256/2454-0706.2022.8.38644
URL: https://en.e-notabene.ru/lpmag/article_38644.html
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Abstract: The subject of the research in this article is the consideration of the causes of the legal structure of compensation for moral harm, the study of the evolution of the mechanism of legal regulation of the compensation for moral harm in Russia in the Russian Empire, the Soviet Union, modern Russia. The study of the formation of the institution of compensation for moral damage is carried out on the basis of its correlation with the provisions of the Talion principle. The relevance of the research is due to the significance of the study of the peculiarities of the regulation of the civil law mechanism of the institute of moral damage compensation and the need to systematize views on understanding the development of the mechanism of legal regulation of the institute of moral damage compensation in different periods, under different political systems in Russia and, as a result, the division of all periods of legal regulation of the institute of moral damage compensation into several stages. It is also necessary to note the importance of conducting a comparative analysis of the mechanism of compensation for moral damage and the provisions of the talion principle throughout the entire time of their coexistence. The scientific novelty of the research is determined by the goal itself and the results of the work. In the course of the scientific research, the author systematized information about the development of the mechanism of legal regulation of the institute of compensation for moral harm, proposed his classification of the evolution of the mechanism of legal regulation of the institute of compensation for moral harm, consisting of several stages: pre-revolutionary, Soviet, modern, justified his conclusions; analyzed the ratio of the institute of compensation for moral harm and the Talion principle, their role and significance on the during each of the selected stages of the evolution of the legal regulation of the mechanism of compensation for moral damage. The correlation of the mechanism of compensation for moral damage and the talion principle within each study period is analyzed. The position of the institute of compensation for moral damage to the talion principle is determined.