The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state
By harm in the civil law is understood as unfavorable to the persons economic and moral consequences arising from damage to or destruction of property belonging to him, and as a result causing injury or death to an individual. The nature of the violated good, the damage is divided into proprietary a...
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| Format: | Article |
| Language: | English |
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Yaroslav Mudryi National Law University
2016-09-01
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| Series: | Проблеми Законності |
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| Online Access: | http://plaw.nlu.edu.ua/article/view/72861 |
| _version_ | 1830485981042573312 |
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| author | Наталія Анатоліївна Хмельова |
| author_facet | Наталія Анатоліївна Хмельова |
| author_sort | Наталія Анатоліївна Хмельова |
| collection | DOAJ |
| description | By harm in the civil law is understood as unfavorable to the persons economic and moral consequences arising from damage to or destruction of property belonging to him, and as a result causing injury or death to an individual. The nature of the violated good, the damage is divided into proprietary and non-proprietary.
Compensation of the property harm caused by a deprivation of life, is the payment of fees incapacitated dependents, compensation for additional costs compensation for the funeral expenses and the compensation for the actual loss and lost benefits to persons who suffered such losses. The payment of financial assistance should be excluded, if the person who has suffered damage previously concluded the contract of insurance and receives insurance payments, as well as when a person has suffered health damage or has lost its breadwinner, but receives a public assistance or pension. At the same time, you need to install minimum and maximum limits of financial compensation to the victims and the period during which the victim is entitled to financial assistance.
Compensation of non-pecuniary damage is a compensation for moral damage to those individuals who were in close inevitably connection with the deceased during his lifetime, and resulting in his death suffered physical and mental suffering.
In relation to the state compensation for damages caused by the deprivation of life, there is an indirect causal relationship. Damage is applied to the same subject (natural person, deceased) and the result of these actions in addition are property losses and moral harm to others. The content of the obligation of reparation of the harm caused by the deprivation of human life, is always proprietary in nature. Part of the property damage should be included: the costs of the disabled dependants of the deceased; the loss of the creditors of the deceased under the contracts; funeral expenses; additional costs that are caused by the suicide disease or impairment of health of the deceased; actual damages and lost profits caused to the subjects of civil relations of death persons. |
| first_indexed | 2024-12-21T18:35:14Z |
| format | Article |
| id | doaj.art-e8cd59f07e8143ff9abac23637399dc8 |
| institution | Directory Open Access Journal |
| issn | 2224-9281 2414-990X |
| language | English |
| last_indexed | 2024-12-21T18:35:14Z |
| publishDate | 2016-09-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Проблеми Законності |
| spelling | doaj.art-e8cd59f07e8143ff9abac23637399dc82022-12-21T18:54:11ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2016-09-010134546010.21564/2414-990x.134.7286172861The essence of the harm caused by the crime of a natural person, shall be reimbursed by the stateНаталія Анатоліївна ХмельоваBy harm in the civil law is understood as unfavorable to the persons economic and moral consequences arising from damage to or destruction of property belonging to him, and as a result causing injury or death to an individual. The nature of the violated good, the damage is divided into proprietary and non-proprietary. Compensation of the property harm caused by a deprivation of life, is the payment of fees incapacitated dependents, compensation for additional costs compensation for the funeral expenses and the compensation for the actual loss and lost benefits to persons who suffered such losses. The payment of financial assistance should be excluded, if the person who has suffered damage previously concluded the contract of insurance and receives insurance payments, as well as when a person has suffered health damage or has lost its breadwinner, but receives a public assistance or pension. At the same time, you need to install minimum and maximum limits of financial compensation to the victims and the period during which the victim is entitled to financial assistance. Compensation of non-pecuniary damage is a compensation for moral damage to those individuals who were in close inevitably connection with the deceased during his lifetime, and resulting in his death suffered physical and mental suffering. In relation to the state compensation for damages caused by the deprivation of life, there is an indirect causal relationship. Damage is applied to the same subject (natural person, deceased) and the result of these actions in addition are property losses and moral harm to others. The content of the obligation of reparation of the harm caused by the deprivation of human life, is always proprietary in nature. Part of the property damage should be included: the costs of the disabled dependants of the deceased; the loss of the creditors of the deceased under the contracts; funeral expenses; additional costs that are caused by the suicide disease or impairment of health of the deceased; actual damages and lost profits caused to the subjects of civil relations of death persons.http://plaw.nlu.edu.ua/article/view/72861the statethe victimthe crimethe damagecompensation |
| spellingShingle | Наталія Анатоліївна Хмельова The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state Проблеми Законності the state the victim the crime the damage compensation |
| title | The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state |
| title_full | The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state |
| title_fullStr | The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state |
| title_full_unstemmed | The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state |
| title_short | The essence of the harm caused by the crime of a natural person, shall be reimbursed by the state |
| title_sort | essence of the harm caused by the crime of a natural person shall be reimbursed by the state |
| topic | the state the victim the crime the damage compensation |
| url | http://plaw.nlu.edu.ua/article/view/72861 |
| work_keys_str_mv | AT natalíâanatolíívnahmelʹova theessenceoftheharmcausedbythecrimeofanaturalpersonshallbereimbursedbythestate AT natalíâanatolíívnahmelʹova essenceoftheharmcausedbythecrimeofanaturalpersonshallbereimbursedbythestate |