of February 1, 2012
The analysis of court practice on cases on compensation of the moral damage caused in connection with damage of health during execution of labor obligations
The analysis of court practice on cases on compensation of the moral damage caused in connection with damage of health during execution of labor obligations is performed in connection with the address of the director of executive directorate of Social Insurance Fund from labor accidents and occupational diseases of Ukraine (further - Fund of social insurance).
The analysis is carried out based on the corresponding analyses of court practice performed by Appeal Courts and legal line items of Fund of social insurance. Compensation of social insurance of moral (non-property) damage by Fund insured and to members of their families irrespective of time of loss occurrence
Item 27 of article 77 of the Law of Ukraine of December 20, 2005 "About the government budget of Ukraine for 2006" and Item 22 of article 71 of the Law of Ukraine "About the Government budget of Ukraine for 2007" stops action of paragraph 4 of Article 1, of the subitem "є" Item of 1 part one of Article 21, of part three of Article 28 and part three of article 34 of the Law of Ukraine of September 23, 1999 No. 1105-XIV "About obligatory national social insurance from labor accidents and occupational diseases which entailed disability" (further - the Law No. 1105-XIV) by which the obligation of compensation of moral damage is assigned to Fund of social insurance.
Besides, the Law of Ukraine of February 23, 2007 No. 717-V "About introduction of amendments to the Law of Ukraine "About obligatory national social insurance from labor accidents and the occupational disease which entailed disability" (further - the Law No. 717-V), taken effect since March 30, 2007, excludes part three of article 34 of the Law No. 1105-XIV which provided the right of the moral damage which was injured on compensation.
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