Record of сompensation for moral damage to victims of crimes of violence in the history of Russian law (19th - 20th century)

Автор: Sisakyan A.K.

Журнал: Вестник экономики, управления и права @vestnik-urep

Рубрика: Право

Статья в выпуске: 3 (12), 2010 года.

Бесплатный доступ

The existing legislation of Russia in 19th-20th centuries brought about quite a number of contradictory opinions in the circles close to scientific legal thought. In the absence of concretion on the compensation for moral damage disagreement with its matter was well explained. The law didnt specify that its for psychic and physical suffer making the matter of moral damage that should be compensated, thus aggravating the procedure of indemnity for the victim or relatives of the decedent. Legal scholars were in a state of permanent argument on the moral side of the existence of such legal institute in the legislative system of the country. Thus, in the given historical period it was impossible to even mention compensation for moral damage. The notion of compensation for moral damage which is known nowadays, was formulated in Article 31, the Fundamentals of the Civil Law of the Soviet Union and the republics, May 31, 1991. So, the institute of compensation for moral damage based on historical tradition and modern scientific theory and very much different from the existing earlier came to being at the beginning of the 20th century. Scientific research, thorough analyses, investigations carried out by the legal scholars of the October Revolution times and at the Soviet period became the methodological bases in formation of the compensation for moral damage institute.

Еще

Короткий адрес: https://sciup.org/14214385

IDR: 14214385

Статья научная