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SerhiyBOLTIVETS,

psychologist-expert of the highest qualification class of the Center of psychophysiological examination at the State Enterprise "Main educational and methodical center of the State Labor Service of Ukraine", professor, doctor of psychological sciences

RomanSVYSTOVYCH,

Head of the European Bar Association, Candidate of Law Sciences

FORMULA OF CALCULATING THE EXTENT OF PSYCHIC (MORAL) HARM IN THE FORENSIC PSYCHOLOGICAL EXPERTISE

The article deals with an issue of court decision about the extent of moral harm, psychic in itself. There have been analyzed legal, economic and psychological approaches to resolve an issue of adequacy of forensic psychological expertise to the individual and personal sufferings of an injured individual and their reference to social factors that define the fairness of a court decision. There have been given overall results about the correlation between an amount of money and health of a person in the different countries, particularly, the correlation of happiness, psychic and physical health, a role of money, social status and other indicators, made by the English psychologist, Michael Argyle. The most important indicator for the technique to calculate the extent of psychic (moral) harm in the forensic psychological expertise has been defined the incomparably huger sensitivity of a poor person to the extent of pecuniary indemnity than a person with the medium or high income, and the correlation of this sensitivity his psychic health.

There has been exemplified a special psychological research how to calculate the extent of psychic harm, which is considered to be moral harm in the socio-legal dimension. The usage of «NEXUS – 10» Mark-II equipment, produced in the Niederlands and well-known in the European practice, has been demonstrated in the multiparametric table of computer-fixed verifiable psychophysiological indicators. The simulation of three usual psychic states: calmness, performance of cerebral and emotional-volitional actions and the simulation of the events connected with the situation of the psychic (moral) harm, studied in the research, have been illustrated with photos.

The objective statistics, given in the three tables, discovers the components of an overall coefficient of variability of psychic functioning as the sum of the indicators by all 6 channels of «NEXUS-10 (« NEXUS-10 Mark-II), which exceeds usual psychic functioning within everyday mental states while performance of cerebral and emotional-volitional actions and necessary to rest for the psychic state of the injured person by 405.64 times. While the simulation of studied event connected with the situation there has been defined the actions of the respondent are the consequence of anguish of mind. The article has described a way to determine mental concussions, health damage, prolonged stress influence, violation of life plans in social, intimate and domestic spheres.

There has been presented normative and psychological correlation of internal sufferings of an injured person with a social equivalence of pecuniary indemnity, and its calculation formula.

Key words: moral (psychic) harm, a special psychological research, forensic psychological expertise, a psychological indicator, a social indicator, pecuniary extent of psychic (moral) harm, a calculation formula.

References

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