DETERMINATION OF THE AMOUNT OF MORAL DAMAGE COMPENSATION BY CONDUCT OF FORENSIC PSYCHOLOGICAL EXAMINATION

Abstract

The work examines legislative and theoretical approaches to understanding the concept of moral damage, analyzes the procedural procedure for proving the infliction of moral damage on a person and determining the amount of its compensation. In addition, the article studied judicial practice and normative legal acts that regulate the procedure for compensation of moral damage, modern methods of determining the amount of damage caused, as well as the place of forensic examination in this process. Also, the article examines the problematic issues of legal regulation of the order of compensation for moral damage caused by a criminal offense. In this context, it should be emphasized that the institution of compensation for moral damage is considered as one of the possible ways of compensation for damage caused by a criminal offense, however, until now there is no special law in Ukraine that would define the concept of moral damage in the context of criminal and criminal procedural law , and also established a clear legal mechanism for compensation of non-property damage and the procedure for determining its amount. It should be noted that both in legislation and in science there is still no single approach to defining the concept of moral damage. Some scientists explain this by the fact that it is quite difficult to give a universal definition of the concept of moral damage, without taking into account its interdisciplinary nature. In view of this, the practical application of the legislation on the compensation of moral damage causes numerous difficulties due to the lack of a single approach in defining its concept. In addition, it should be emphasized the imperfection of the legislative mechanism for the monetary assessment of compensation for moral damage, since in most cases it is carried out by the court based on personal inner conviction. In the process of European integration of our country, such legislative uncertainty creates a number of difficulties in law enforcement activities, which in turn forces citizens to turn to international judicial bodies to protect their rights. The adoption of relevant legislative acts will contribute to ensuring the rights to judicial protection guaranteed by the Constitution of Ukraine and, in particular, to compensation for moral damage.