Compensation of Harm, Damaged by Minors: Precedents of Ukraine and Belarus

Abstract

Legal relations with minors, as well as the rules governing the legal status of the child have the specifics related to their special status. Property rights have a special place in the rights of the child, which require the specificity of the terminology and scope of civil rights of minors, both in transactions and in tort law relations. Problems of the application of the judicial protection of the rights of the minor require special attention. Based on the analysis of normative legal acts, scientific works and court practices, the article discusses the problematic issues related to compensation for harm caused to the health of a minor. In judicial practice, there are cases when harm is caused by a minor. This harm is often caused to the life and health of a child, for example, as a result of playing a game. Cases in this category have the characteristics, primarily due to the age of the tort feasor. It should be noted the relative consistency of the civil codes of Belarus and Ukraine, defining issues of compensation for harm to the health. Non-refundable expenses for treatment, additional food, prosthetics, care. A contentious issue is often the size of the treatment expenses of the injured minor, proper food, transport costs, reimbursement of not only actual, but also future expenses. The possibility of the situation when the paid medical assistance can be more effective should be taken into account. Compensating the costs of treatment courts as a whole proceed from the principle of full reparation of harm. Compensation for moral damages is disputed in court, particularly when it comes to determining the amount of non-pecuniary damage, abuse their right. The nature of physical and moral sufferings is estimated by court taking into account the actual circumstances and individual characteristics of the victim. Dysfunctional psychological consequences of causing moral harm, defendants’ behavior, the loss of time caused by child care during their treatment must be considered to address the issue of reasonable and fair compensation. The sheer complexity of determining the amount of moral damage compensation leads to unreasonably high, in our view, role of judicial discretion. A large amount of moral damage compensation caused to the victim and his family has educational value.