Умови відшкодування шкоди державою фізичній особі, яка потерпіла від кримінального правопорушення
Conditions for compensation of damage from the state physical person, to the victim from criminal offense

Summary/Abstract: According to the Constitution the state guarantees the rights andfreedoms, and in particular the protection of individuals affected by a criminal offence,ensuring compensation of the caused material and moral damage. However, the analysis oflegislation and law enforcement practice indicates the need to strengthen the protection ofthe rights and interests of individuals, of victims in criminal offences. Therefore,clarification of terms require reimbursement by the state harm the physical person, thevictim of a criminal offence and the conditions for granting such compensation.Relevance of the research topic: The problem of reimbursement by the state harmthe physical person, the victim of a criminal offence is one of the most urgent contemporarylaw enforcement practice. Leaving the crime unsolved, insolvency of the guilty party tocompensate damages, the failure to take measures to ensure civil action and other reasonsmake the protection of the legitimate interests of the victim, restoration of the violatedrights. Practice shows the necessity of creating a fundamentally new mechanism capable ofensuring the timely reimbursement of the harm caused by crime to the victim. Therefore, theinvestigation of these issues, development of recommendations aimed at improving currentlegislation and its enforcement in this area are urgently needed.Recent research and publications analysis: Analysis of recent research givesreason to believe that the affected problems has been the subject of research of suchscientists as A. S. Alexandrov, L. M. Baranov, V. T. Bezlepkin, There.In. Blinkova, P. G.Gureev, From.With. Saturn, V. T. Nord, S. I. Ostapenko, S. Is. Sirotenko and others.However, the update of the regulatory material, in particular amendments to the Civil codeof Ukraine, adoption of the new Criminal procedural code of Ukraine, can not affectscientific and practical interest in the conditions of modernity.Paper objective: Requires clarification of the terms reimbursement from the state fordamage to a physical person, the victim of a criminal offence and the conditions for grantingsuch compensation and determining the appropriate mechanism for their implementation.Paper main body: The most important task of the state, which tends to be calledlegal, is to protect the rights and freedoms of each individual, using all possible means ofstate influence, as the functioning of a legal state due to the interests and needs of itscitizens. Therefore, the harm caused to the victim as a result of a criminal offence, shall bereimbursed by the state. That must happen is an effective mechanism of state liability beforethe individual in the sphere of guaranteeing rights and freedoms. Thus, there will be a highlevel of protection of the rights and freedoms of the individual. According to the currentcivil legislation of Ukraine it is possible to determine General conditions for reimbursementby the state harm the physical person, the victim of a criminal offence: 1) the presence ofharm; 2) wrongful conduct is a crime; 3) a causal relationship between the offense and thedamage, i.e. the damage is caused by committing the crime. In the scientific literature alongwith the General terms of compensation by the state harm the physical person, the victim ofa criminal offence is also characterized by the presence of special conditions: 1) the victimis a natural person; 2) the perpetrator is insolvent; 3) the perpetrator of criminal offence isnot established; 4) a person who commits criminal offense, it is established, but avoidsinvestigation and declared wanted. However, scientists believe that in addition to theGeneral and special conditions of reimbursement by the state physical person harm causedby the offence, should be the conditions for granting such compensation. The EuropeanConvention on compensation of victims of violent crimes of 24 November 1983 setdifferent conditions for compensation. First, according to the Convention compensationschemes must set an upper limit above which and a lower limit, below which losses will notbe recovered. Secondly, the mode of compensation may establish a period duringwhich appeals will be accepted for reimbursement. Third, the damages may bereduced or cancelled in light of the financial situation of the applicant.Conclusions of the research: the state must ensure the safety of every member ofsociety, and if the authorities fail to prevent a criminal offence, the damages should be thetask of the state. The fulfilment of such requirements is the responsibility of Ukraine in thelight of the accession in 2005 to the European Convention of 1983, which can beimplemented through the adoption of a special law.

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