О преемственности взглядов С.А. Беляцкина на институт компенсации морального вреда в гражданском праве

Abstract

The article is devoted to the continuity of views of the famous Russian civilist S.A. Belyatskin on the institution of compensation for moral harm in civil law, which were embodied in the Civil Code of the Russian Federation, Parts One, Two and Four. The study of S.A. Belyatskin’s work «Compensation for Moral (Non-Property) Harm» published in 1913 shows how much the institution of compensation for moral harm has advanced in its development now and how many more obstacles need to be overcome, taking into account the needs of practice, in order for the scientist's views to be embodied in the letter of the law. The purpose of the article is to demonstrate the continuity of the scientist's views on the institution of compensation for moral harm, which were reflected in civil legislation. Further improvement of the institution of compensation for moral harm is required, taking into account the needs of practice, and in particular, the development of criteria for compensation for moral harm in relation to the provision of medical services, when harm is caused to the life and health of citizens, which is due to the development artificial intelligence and its application in medicine. The research methods are: formal logic, comparative analysis of legal categories, synthesis, generalization, complexity and a systematic approach. The conducted study of S.A. Belyatskin’s scientific work «Compensation for Moral (Non-Property) Harm» showed the continuity of his views on the institution of compensation for moral harm in civil law, which was reflected in civil legislation.