СOMPENSATION FOR MORAL DAMAGE TO AN EMPLOYEE: THE PROBLEM OF THE METHODOLOGY FOR ASSESSING THE AMOUNT

The purpose of the article is to consider the existing methods of compensation for moral damage and to propose an author’s approach to solving this issue within the framework of labor relations. It is established that nowadays there is no single method or model for assessing moral damage in Ukraine, which is why we observe heterogeneous judicial practice on this issue. When determining compensation for moral damage, the difficulty lies in the impossibility of calculating it using any monetary scale or equating it to another property equivalent. Money, as the general equivalent of all values, also acts as such for moral damage. Currently, there are a large number of authors’ approaches to solving this issue, none of which, unfortunately, can be considered perfect one. For a long time, the method of calculating moral damage proposed by O. M. Erdelevskyi had been used in our country, but in 2016 it was excluded from the Register of methods of conducting forensic examinations. In 2019, a new Psychological Research Methodology in cases of causing moral suffering to a person and compensation for moral damage (registration code 14.01.75) was registered. However, in 2021, a decision on termination of the use of all psychological methods specified in the Methodology 14.01.75 was made; consequently, we can assume that it is simply impossible to apply it in practice. The methods of calculating moral damage, taking into account certain criteria, presented by well-known civilian scientists (N. Palovska, R. Stefanchuk, S. Shymon) are considered. Scientific approaches to solving this problem (within the framework of labor relations), proposed by O. Soroka and V. Chernadchuk, are investigated. The judicial practice on this issue is analyzed. The author’s methodology for calculating the amount of moral damage caused to an employee, which includes the base level (average salary) and certain criteria related to the personality of the employer and the employee, characterize the behavior of the participants in the labor relationship, and other circumstances that are important for adequate resolution of the case, is presented. Key words: moral damage, employer, employee, method, size, criteria, compensation.