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OCCUPATIONAL SAFETY AND HEALTH
Legal bases of compensation of harm to the victim. Occupational Safety and Health
Occupational Safety and Health / Legislative basis for labor protection Because the safety of all human activity is relative, there are occasional events that harm us. Of all the variety of "harm", firstly, they distinguish the harm caused to property. This is property, or material, damage. Secondly, they distinguish the harm caused to the integrity or functioning of the human body, its health. It can be injury, illness, death. There is no special short name for this type of harm in the literature and practice. And, finally, they highlight the harm caused to the human psyche. Although this is also harm done to health, but not to the anatomical integrity or physiological processes, but to the self-consciousness of a person, his psyche. This harm can be called "non-material", because it is associated with exclusively subjective experiences of an individual. However, in theory and practice, this harm is called "moral". But it is not enough for us to know what kind of harm we are dealing with in this or that case. It is still important for us, and sometimes very important, to determine the perpetrator of this harm. If for any reason we have caused this harm to ourselves by our actions or inaction, then we can only deeply regret it, because this is your personal business, this is your private life, which is of no interest to anyone in a democratic society. It is a completely different matter if this harm was done to us by someone else, the so-called inflictor of harm. He must somehow pay for it, be punished, so that he would continue to act without harming other people. We will not consider the intentional infliction of harm, the facts of its unintentional infliction are sufficient for us, i.e. those cases where the harm was not the result of malicious intent, but an accidental unfavorable combination of circumstances. The resolution of this issue in the most general form is contained in the so-called civil law. The protection of the civil rights of the victim/victim provides for a whole range of measures, including judicial ones, and can be carried out by: recognition of rights; compensation for losses and / or moral damage, termination or change of legal relations, as well as a number of other ways. A person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for their compensation in a smaller amount. At the same time, losses are understood as all expenses incurred (should be incurred) by a person whose right has been violated to restore the violated right, lost or damaged property (actual damage), as well as lost income that this person would have received under normal conditions, t .e. if his rights were not violated. It should be borne in mind that as a result of a violation of the right, along with material losses, damage to the so-called "intangible benefits" may be caused. This damage is also subject to compensation (Chapter 8 of the Civil Code of the Russian Federation "Intangible benefits and their protection", Article 150 "Intangible benefits"). The most general legal basis for resolving the issue of compensation for harm is the provisions of Chapter 59 of the second part of the Civil Code of the Russian Federation, adopted by the State Duma on December 22, 1995, which regulate, in accordance with clause 2 of Article 3 of the Civil Code of the Russian Federation, the compliance with the norms of civil law contained in all other laws. Since the harm caused to human health, for example, by an injury, leads to the inability to feed themselves and their loved ones with their work, who cannot feed themselves (they are often called dependents - small children, the elderly, the sick), then the harm caused to health is always correlated with the amount of material harm, one way or another received as a result of damage to this health. Consideration of the issue of compensation for harm should be completed by determining the ways of its compensation. Satisfying the claim for damages, the court, in accordance with the circumstances of the case, obliges the person responsible for causing the damage to provide an item of the same kind and quality, repair the damaged item, etc. or compensate for the damages caused. In this case, the court takes into account the degree of guilt of the victim himself and the property status of the person who caused the harm. Authors: Fainburg G.Z., Ovsyankin A.D., Potemkin V.I.
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