Compensation for non-pecuniary damage for breach of private obligations

In spite of certain refinement of case law in dealing with the relevant category of cases, the task now remains to work out effective approaches to determining the fair amount of compensation awarded to participants in private relations for the non-pecuniary damage they suffered. The purpose of the article is to analyse the legal aspect of non-pecuniary damage. The leading method of research was analysis, which allowed to examine the identified problem in detail and draw a number of conclusions. Various theoretical and practical approaches to the problem of non-pecuniary damage were characterized; the views of domestic researchers on this issue are considered. From the analysis of the presented models of approaches to compensation for non-pecuniary damage, in our opinion, in contractual relations, the first described approach is the most successful and consistent with the principle of good faith, justice and reasonableness. Indeed, it is the correlation of the damage inflicted and the amount of recovery on a morally verified basis that will guarantee the legal equality of the parties to the contractual relations. The considered aspects of compensation for non-pecuniary damage under the treaties testify to the great similarity between the legislative approaches of Ukraine and those of foreign legislators, including the issues that arise upon applying the norms of this institution. Legislative consolidation of compensation (recovery) for non-pecuniary damage for the sole purpose of causing the life or health of the parties to a contractual relationship does not ensure the protection of their non-material rights. This can be avoided by introducing appropriate amendments to the civil legislation of Ukraine, according to which the legal consequence of violation of rights, including the consumers of services, which endangered their lives or health, will be repair for material damage and compensation for non-pecuniary damage.