On development of the legal institution of compensation for harm caused to life and health of servicemen

The article examines the historical aspects of establishing in Russia the institution of compensation for damage caused to life and health of servicemen. Approaches to understanding of damage compensation as a set of state measures and legal warranties are examined. Development of the principles of compensation for harm caused to soldier is studied from the set of customs and general tort liability to special legal regulations and centralized state system of social welfare. In the conclusions, the author adheres to the idea of the civil-legal liability of the state for harm to life and health of military personnel regardless of the fault. It is proposed to understand the principle of compensation for damage to the soldier as a positive obligation of the state resulting from the requirements of the modern Russian legislation, specificities of the status of a serviceman and the law enforcement practice of the European Court on Human Rights.

soldier, military service duties, status of soldier, reparation, social security, life, health, tort liability, fault, pension, insurance benefits