The genesis of the development of the institution of compensation for moral damage in labor law

  • O.I. Panchenko
Keywords: genesis, moral damage, labor legislation, stages of formation, historical development.

Abstract

The purpose of the article is to study the stages of formation of the institution of compensation for moral damages in the territory of Ukraine within the framework of labor relations. Compensation for moral suffering is one of the ways to protect violated rights, including in labor law. This institution has always attracted the attention of researchers and generated a number of discussions. For a considerable period of time, the views on it varied; the opinion was repeatedly expressed about whether it has the right to exist as such (especially in Soviet times). It was established that the institution of compensation for moral damage has ancient and deep roots. It is mentioned even in the Laws of the XII Tables, where the concept of personal offense already existed. Besides, in Ruska Pravda one can find such term as insult, which meant moral suffering. In different periods of Ukraine’s history, its lands were part of different principalities and empires; however, in a number of legal instruments that were in force at that time, we find articles on the need to compensate the victim for an insult to honor, dignity or moral suffering, so attention is paid to the analysis of the relevant norms of these acts. The process of establishing the institution of moral damage in the Soviet period was studied, and the civil legislation that was in force on the territory of Ukraine at that time was considered. The progress of this concept in the labor legislation of already independent Ukraine was analyzed. The rules related to the issue under consideration were studied starting from 1991 and up to today, when there is a need to bring legal acts of Ukraine into compliance with the legislation of the European Union.

Published
2023-09-14
Section
Theoretical, comparative, historical principles of legal regulation