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

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

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... (see full summary)

 
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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.

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