THE EVOLUTION OF LEGAL MEANS OF COMPENSATION FOR HARM TO HEALTH IN THE SOVIET CIVIL LAW: THE AREA OF TERMINOLOGICAL SUBSTITUTIONS AND THE KEY TO THE DEFINITION OF MODERN TRENDS IN THE DEVELOPMENT OF LEGISLATION
The article examines the process of development of legal means of compensation for harm to health in domestic sources of law and the civil doctrine of the period of the existence of the USSR (1922-1991). The author substantiates the existence of such qualitative features as: combining tort and insurance obligations into a single group subject to a common compensatory goal; the presence of tools for the individualization of tort liability, ensuring the strengthening and bringing its punitive and preventive effects to the established culprit of the incident, in the law; theoretical substantiation of the application of the right of recourse in the inseparable unity with the unification of the procedure for calculating a compensation and the introduction of new varieties of compulsory insurance to eliminate the imbalances that have arisen in the volume and amount of civil liability of a number of special subjects. The reasons are given that during the transition to a new form of the state in the 1990s, the borrowing of normative material was carried out without taking into account the noted specific features, which resulted in the construction of a system of legal means of compensation for harm to health based on the previously known methods for assessing and compensating material losses to victims at work, as well as an impersonal, devoid of directed impact on the tortfeasor, application of the institution recourse in relations with the participation of state non-budgetary and private insurance funds.