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

• Author: Inna Mudrak, Oleksandr Podobnyi, Olesia Vashchuk
• Pages: 377-391

Compensation of damages to victim of criminal offence

under Criminal Procedure Code of Ukraine

PhD. Inna MUDRAK1

PhD. Oleksandr PODOBNYI2

PhD. Olesia VASHCHUK3

Abstract

A significant number of criminal offenses affects the life, health or property of

citizens, accompanied by physical, property or moral harm. I t 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 differen ce in the terminology of international acts, a cts 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 mechan ism can be

implemented by creating a State Victim Assistance Fund that would function as a specific

credit institution.

Keywords: criminal p rocedure of Ukraine, victim, compensation of damages,

property damages, moral damages, harm, criminal offence, repair of damages .

JEL Classification: K14

1. Introduction

In most democratic countries of the world the level of protection of the

rights, freedoms and legitimate interests of citizens is measured by their normative

security and criminal law protection, which becomes of particular importance in

the investigation of the facts of encroachment on the life, health or property of

citizens, as this is due to gross violation of natural rights of a person, causing

moral, physical or property damage. According to European choice, Ukraine

launches a new process of changes that should be based on the European human-

centred system of pan-European values4 (Vashchuk, 2018). It must be admitted that

the most important right of the victim, envisaged by the current Criminal Procedure

1 Inna Mudrak - National University Odessa Law Academy, Ukraine, innamudrak99@i.ua.

2 Oleksandr Podobnyi - International Humanitarian University, Ukraine, podobnyi@email.ua.

3 Olesia Vashchuk - National University Odessa Law Academy, Ukraine, ol_vaschuk@i.ua.

4 Vashchuk O. (2018), Formation of modern incentive system for managers, „Baltic Journal of

Economic Studies”, Vol. 4, No. 1. P. 49-61.