PECULIARITIES OF THE INSTITUTION OF COMPENSATION FOR DAMAGE IN THE CRIMINAL PROCESS OF UKRAINE

Abstract

The article is devoted to research and analysis of the peculiarities of the institution of compensation for damage in the criminal process of Ukraine. The legal acts regulating compensation for damage, in particular the Criminal Procedure Code of Ukraine, were thoroughly analyzed. The publications of scientists and practitioners were considered, which highlighted the actual problems that arise when filing a civil lawsuit in criminal proceedings, the impossibility of supplementing or clarifying it, as well as taking into account the requirements of reasonableness and justice when determining the amount of compensation. It was found that in criminal proceedings, the civil plaintiff cannot file a counterclaim or postpone the consideration of the case due to his non-appearance. However, a civil claimant has the right to file such a claim in civil proceedings, if he did not file it during criminal proceedings. Problematic issues that are required in the case of voluntary compensation for damage to suspects, accused persons, or other natural or legal persons with their consent have been revealed. It was noted that voluntariness is a right of an individual, and not necessarily in accordance with the current criminal procedural legislation of Ukraine. It is emphasized that it is necessary to fulfil the type and amount of damage caused by a criminal offense during the appointment of compensation, which must be reflected in the claim act. It was noted that the institution of compensation for damage in the criminal process of Ukraine needs further scientific research, study and regulation at the legislative level, because in practice questions and problems arise, the solution of which is impossible due to the identification of clear procedural norms. It is proposed to make changes and additions to the Code of Criminal Procedure of Ukraine. On the basis of the conducted research, it was established that the application of the institution of compensation can be an effective tool for the legal protection of the victim, however, it must meet the requirements of the Criminal Procedure Code of Ukraine and other regulatory legal acts and ensure rights and legitimate interests on all pages.