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Compensation for Non-pecuniary Damage Caused During the Provision of Medical Services: Legal Issues

Student: Dora Novikova

Supervisor: Sergey M. Kovalevsky

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

The purpose of the final work is to study the most relevant issues and possible gaps or shortcomings of legislation, within the framework of the chosen research topic, not only by theoretical analysis, but also through the study of modern judicial practice and legal cases. The paper analyzes the institute of compensation for moral damage in the provision of medical services. The relevance of the study is caused by the violation of the constitutional rights of citizens to life and health protection. The author examines the shortcomings of modern Russian legislation regulating relations in the field of medical services, and also compares it with the experience of a foreign legislator. The study examines the position of the ECHR in such cases and provides a comparative analysis of the settlement of disputes with Russian courts. In the work, the author touches on such important aspects of the institution of compensation for non-pecuniary damage as: the composition of the offense entailing the obligation to compensate for non-pecuniary damage, the procedure, grounds and amount of its compensation, as well as the grounds for exemption from liability. The author, based on the analyzed foreign experience, comes to the conclusion that it is necessary to reform the legislation in the Russian Federation in this sphere.

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