Keyword: «moral damage»

This article discusses the consequences of poor-quality aid under the contract for the provision of medical services. The author regards the notion of moral damage in terms of normative legal acts, as well as types of responsibilities of a service provider, who has done the damage. The author comes to the conclusion, that the service provider bears complete responsibility for improper provision of services under the terms of the paid medical services contract.

The institution of compensation for moral damage is not new to Russian civil legislation. At the same time, according to statistics, disputes related to compensation for moral damage [4] are among the most numerous in judicial practice. This trend seems to us unfavorable, given the enormous burden on the judiciary. In this regard, we consider it necessary to study legislation, law enforcement practice, as well as scientific concepts and research on the issues of compensation for moral damage for the presence of problems of legal regulation. One of the most controversial and traditionally discussed problems in the scientific literature is the lack of uniform criteria for deter-mining the amount of compensation for moral damage, to which the author paid special attention. In this article, the author examines the main provisions of the legislation regulating compensation for moral damage, analyzes judicial practice on the issue of calculating the amount of compensation for moral damage, and also identifies the concepts that have developed regarding the calculation of the amount of compensation in the scientific literature. The study identified the most discussed problems in the scientific literature in the legal regulation of the institution of compensation for moral harm in Russia, and proposed mechanisms for resolving them.