The Experience of a System Study of Modern Forms and Methods of Compensation for Harm to Health Based on a Comprehensive Analysis of Legislation

This article attempts to comprehensively study the existing forms and methods of compensation for harm to health, focused on resolving the issue of the possibility of bringing them into a single system and predicting the necessary legislative changes. The author substantiates that, contrary to traditional doctrinal reservations, compensation for physical harm can be carried out in two ways - through compensation for losses and compensation in kind through the actual provision of services for the treatment, social and professional rehabilitation of the victim. The author subdivides the legal forms of compensation for harm to health into tort individualized, tort redistributive, insurance and social, depending on the legal means underlying them. The findings showed that the key problem of legal regulation of the relations under consideration is the lack of a consistent distinction between these forms and methods of compensation, which results in obvious disproportions in the amount of tort liability, unreasonable overcompensation, or, on the contrary, failure to achieve the goal of full compensation for harm. The ways of solving these problems are outlined, consisting in the exclusion of the norms on recourse in terms of the basic social obligations implemented by the state, the regulation in Art. 1085 of the Civil Code of the Russian Federation of the consequences of the influence of various forms of provision for compulsory social insurance and direct compensation payments on the volume and nature of compensation for physical harm, consistent consolidation in special laws of the properties of compensatory varieties of compulsory insurance.