Recovery of the Moral Damage as a Way to Protect the Intangible Benefits

Relevance of the topic of the final qualifying work. Problem statement. To date, the issue of determining the amount of compensation for non-pecuniary damage has not been settled at the legislative level. There are no guidelines that are necessary for a judge to ensure that the principle of equality is not violated. Thus, for the same act, the amounts recovered differ significantly. In addition, there is a debate in the legal literature about the low award amounts. Ways to solve the problem. It seems that the above-mentioned problems can be solved by introducing a methodology that determines the minimum amount of compensation for non-pecuniary damage, which is defined in the Federal living wage. This amount is multiplied by the coefficient assigned to the suffering. Moral suffering is assigned a coefficient of 50. Physical suffering, in turn, is divided into light, medium and severe harm to health. Light harm to health has a coefficient of 100, average – 150, severe – 200. The next determining factor is the fault of the Harmer, where intent will be 2 units, gross negligence-1.5 units, simple negligence-1 unit and responsibility without fault-0, 5.the victim's Guilt is also important, so by analogy with the degree of guilt of the Harmer, the following coefficients are allocated. Intent-0, gross negligence-2, simple negligence-1.5, no fault-1. Further, the amount received can be either increased or decreased, taking into account the specifics of a particular situation. Conclusion. Thanks to the developed method, the problem of low amounts of compensation for non-pecuniary damage will be solved, and the principle of vertical and horizontal justice will not be violated.