Compensation of damages to victim of criminal offence under Criminal Procedure Code of Ukraine Cover Image

Compensation of damages to victim of criminal offence under Criminal Procedure Code of Ukraine
Compensation of damages to victim of criminal offence under Criminal Procedure Code of Ukraine

Author(s): Inna Mudrak, Oleksandr Podobnyi, Olesia Vashchuk
Subject(s): Criminal Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: criminal procedure of Ukraine; victim; compensation of damages; property damages; moral damages; harm; criminal offence; repair of damages;

Summary/Abstract: A significant number of criminal offenses affects the life, health or property of citizens, accompanied by physical, property or moral harm. It must be admitted that the most important right of a victim in a criminal procedure is the right to compensation for damages caused by criminal offenses. Today, in Ukraine, the legal regulation of the victims’ right to compensation is not in line with constitutional guarantees, therefore measures from the state to strengthen these guarantees are relevant. In this view, international instruments that regulate the compensation for victim in the criminal procedure are analyzed, as well as the practice of developed countries. The evolution of the Ukrainian legislation concerning compensation to the victim in the criminal process is described.The difference in the terminology of international acts, acts of developed states and Ukrainian legislation in relation to compensation to victim is revealed. It is concluded that it is worthwhile to use the term “compensation”. It is noted that Ukraine needs to take into account the experience of foreign countries in compensating for the harm caused to victim in a criminal procedure at the expense of the State budget. This mechanism can be implemented by creating a State Victim Assistance Fund that would function as a specific credit institution.

  • Issue Year: 9/2019
  • Issue No: 19
  • Page Range: 377-391
  • Page Count: 15
  • Language: English
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