A model for determining the amount of one-off monetary assistance in case of a death (doom) of persons with military or special ranks

Abstract

The article considers approaches to calculating the amount and form of monetary assistance payment in case of death of a person when performing work-relative duties. A historical analysis of the legislation of various countries on the replacement of the principle of blood feud with the possibility of paying a cash repurchase is made. It was noted that at the end of the nineteenth century, in a number of countries (Greece, Albania, Serbia, Italy, Corsica, Japan, Yemen, etc.), blood feud was a part of customary law and acted in parallel with public law. In some republics of the USSR, in spite of active ideological work and a powerful apparatus of the prosecutor's office and law enforcement agencies, this custom remained a powerful social regulator. Despite the opposition of public law and condemnation, from the point of view of cultural values, this ancient custom of the communal-tribal system exists in the territory of modern Turkmenistan, Tajikistan, Kyrgyzstan, Kazakhstan, Georgia, Abkhazia, and Azerbaijan. It is noted that during the formation and development of permanent armies in Europe, payments were made to retired military personnel, including their widows (mothers or children). The Versailles Peace Treaty (28.06.1919) was the first international precedent on the attempt to estimate the cost of the lives of its slain citizens. The first serious research into the cost of living was started in the United States in the 1930s in the process of assessing the consequences of road accidents. Despite the fact that the world practice has accumulated considerable experience in calculating the economic equivalent of the «price of a person's life,» Ukraine does not have a single standard for calculating the cost of human life, which makes it possible to determine compensation for the death of a person. Almost always, the amount of payments is determined either by departmental legal documents or by narrowly profiled legislative acts. To determine the amount of compensation in the event of occurrence of the event under consideration, the authors selected a compensation scheme for the lost income, which consists of the amount of money not received for the entire remaining service period and the pension that is paid for life. Possible wage or other income received during retirement is not taken into account when calculating the amount of unearned income. The proposed scheme is based on the principle of the averaged approach, proceeding from the moral principle of the equality of each before the event in question. When calculating the amount of compensation, all doubts are interpreted in favor of the victim. A mathematical expression for calculating the final amount of payments is obtained.