ABOUT SOME FEATURES OF PRACTICAL APPLICATION OF REGULATIONS PART 2 CLAUSE 1085 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

Abstract

The article is devoted to the analysis of the practical application of regulations part 2 clause 1085 of the Civil code of the Russian Federation, which contains one of the fundamental rules on the definition of lost earnings in compensation for harm caused to health. The content and legal value of the specified norms of the civil legislation is defined. Based on the analysis of legal practice of courts of general jurisdiction of various instances the authors come to the conclusion that the benefits the courts will also include disability benefits paid to the victim as a result of bodily injury in case of failure of the latter to work. It is established that courts very often, formulating positive decisions on satisfaction of requirements on recovery of the lost earnings in the period of temporary disability, in general do not investigate such circumstance as existence or absence of the disability benefit paid to the victim in connection with the harm caused to the last to health. The article defends the point of view, according to which this approach to the understanding and application of part 2 clause 1085 of the Civil code of the Russian Federation is not correct and contradicts the fundamental principles of civil liability. The authors believe that it is necessary to proceed from the fact that the funds of the social insurance Fund of the Russian Federation for the payment of disability benefits to the victim are accumulated at the expense of deductions that are carried out by the employer of the injured person. In fact, the employer bears the costs in the form of insurance contributions to the social insurance fund in cases where his employee will be harmed, resulting in disability. The authors insist that it is necessary to allow the employer of the injured person to recover from the tortfeasor or of the person obliged to answer for damages, the amount paid to the victim of disability benefits as a result of recent injury.