Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.40 N° 72
Enero
Junio
2022
Recibido el 03/09/2021 Aceptado el 15/12/2021
ISSN 0798-1406 ~ Depósito legal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión ycon fron ta cióndelasideas y avan ces cien tí fi coscon com pro mi soso cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nilda Marín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 72 (2022), 48-68
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Damage compensation mechanism in
the criminal process
DOI: https://doi.org/10.46398/cuestpol.4072.03
Yana Koniushenko *
Petro Pidyukov **
Tetiana Ustymenko ***
Olha Khakhutsiak ****
Mykhailo Gultai *****
Abstract
It discusses the problematic issues of consideration and
resolution in a criminal case of a civil claim for compensation for
property damage or compensation for moral damage caused by
a criminal oense. The essence and content of the «civil claim in
the criminal process» is determined, the advantages are noted,
and the problems of a civil lawsuit in the criminal process of
Ukraine are discussed. The authors propose to consider the ling
of a civil claim as a right of the victim, corresponding to the obligation
of the criminal prosecutor’s oce and the court to take measures for the
timely reparation of damages. Some reasons are revealed that complicate
the implementation of the principle of inevitability of civil liability for a
crime committed simultaneously with the procedure for convicting the
perpetrator. As a conclsuion se proposes to develop new approaches to the
institution of a civil lawsuit in the criminal process of Ukraine, contributing
to the improvement of the activities of the criminal prosecution authorities
and the court to restore the violated civil rights of victims of crime.
Keywords: civil claim; victim; criminal procedure; compensation for
damage; procedural actions.
* Doctor of Law, Associate Professor, Associate Professor at the Department of Criminal Process,
National Academy of Internal Affairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-
0003-4988-0793
** Candidate of legal sciences, Associate Professor, Senior Researcher, Unit for the Organization of
Scientic Activity and Protection of Intellectual Property Rights, National Academy of Internal Aairs,
Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-9831-845X
*** Candidate of legal sciences, Associate Professor, Professor of the Department of Civil Law and
Procedure, National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-
0003-0049-5608
**** Candidate of legal sciences, Associate Professor, Professor of Department of Criminal Process, National
Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0002-6762-1069
***** Doctor in Law, Associate Professor, Professor of the Department of Constitutional Law and Human
Rights, National Academy of Internal Aairs, Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-0001-
6874-6923
49
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
Mecanismo de indemnización por
daños en el proceso penal
Resumen
Se analizan las cuestiones problemáticas de consideración y resolución
en un caso penal de una demanda civil de indemnización por daños a la
propiedad o indemnización por daño moral causado por un delito penal.
Se determina la esencia y el contenido de la «demanda civil en el proceso
penal», se anotan las ventajas y se discuten los problemas de una demanda
civil en el proceso penal de Ucrania. Los autores proponen considerar
la presentación de una demanda civil como un derecho de la víctima,
correspondiente a la obligación de la scalía penal y del tribunal de tomar
medidas para la reparación oportuna de los daños. Se revelan algunas
razones que complican la implementación del principio de inevitabilidad
de la responsabilidad civil por un delito cometido simultáneamente con el
procedimiento para condenar al perpetrador. Como conclsuion se propone
desarrollar nuevos enfoques para la institución de una demanda civil en
el proceso penal de Ucrania, contribuyendo a la mejora de las actividades
de las autoridades de enjuiciamiento penal y el tribunal para restaurar los
derechos civiles violados de las víctimas de delitos.
Palabras clave: demanda civil; víctima; proceso penal; indemnización
por daños; acciones procesales.
Introduction
In accordance with Art. 4 of the Declaration of Basic Principles of Justice
for Victims of Crime and Abuse of Power, adopted on November 29, 1985
by UN General Assembly Resolution 40/34, victims of crime have the right
to access the mechanisms of justice and prompt compensation for harm
suered in accordance with national law.
According to Art. 3 of the Constitution of Ukraine a person, his life
and health, honor and dignity, inviolability and security are recognized in
Ukraine as the highest social value. Human rights and freedoms and their
guarantees determine the content and direction of the state. The state is
accountable to man for his activities. The establishment and protection of
human rights and freedoms is the main duty of the state (Constitution of
Ukraine, 1996). In the context of reforming the legislation, in particular
the criminal procedure, the implementation of constitutional provisions
becomes especially important.
The protection of the rights and freedoms of the victim, the creation
and functioning of a system of reliable legal guarantees to ensure the right
50
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
to justice and judicial protection in criminal proceedings are important.
According to Art. 2 of the Criminal Procedure Code of Ukraine (hereinafter
– CPC of Ukraine), the main tasks of criminal proceedings are the protection
of the individual, society and the state from criminal oenses, as well as
protection of rights and freedoms and legitimate interests of participants
in criminal proceedings. One of the legal means of protection of violated
rights of victims is compensation (compensation) for damage caused by a
criminal oense (Сriminal procedure code of Ukraine, 2012).
Therefore, the independent task of criminal proceedings should be to
ensure compensation for damage caused by a criminal oense. In addition,
the procedural activities of persons and bodies conducting criminal
proceedings should be aimed at successfully solving these tasks (Groshevii
et al.,
201
3).
It should be noted that the reform of Ukrainian legislation, including
in the eld of protection of victims of crime, is due to the need to bring
it in line with international standards on human and civil rights. The
International Covenant on Civil and Political Rights obliges the state to
provide any person with an eective remedy in the event of a violation
of his or her rights and freedoms. The right to protection for any person
in need is guaranteed by the state, its competent judicial, administrative
or legislative bodies (International covenant on civil and political rights,
1966). In addition, the victim’s right to compensation (compensation) for
the damage caused by a criminal oense is provided by a special European
Convention on Compensation to Victims of Violent Crimes (European
convention on compensation to victims of violent crimes, 1983).
We must also pay attention to the domestic, adopted for the
implementation of international standards, the Concept of ensuring the
protection of legal rights and interests of victims of crime, which was
approved by the Decree of the President of Ukraine dated 28.12.2004 №
1560/2004. The concept indicates the need to develop new and improve
existing legislation to protect the legal rights and interests of victims
(International covenant on civil and political rights, 1966).
One of the most important factors determining the eectiveness of
the restoration of violated rights is the timeliness of their protection. In
criminal proceedings, the duty of the state to ensure adequate protection
of the civil rights of victims of crimes is implemented by resolving claims
for compensation for property damage or compensation for moral damage.
Fundamental measures are needed to reduce the general crime in Ukraine,
to clearly take into account the amount of not only material (property), but
also physical and moral harm caused by crimes, the introduction of modern
scientically grounded methods, technical, organizational and other means
aimed at the most eective restoration of the existing one before the crime,
condition of a victim of a crime, a natural or legal person.
51
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
Given the dicult economic and socio-political conditions of recent
years, we see an increase in the number of criminal oenses, as well as the
fact that the problem of compensation for damage caused by crime requires
a comprehensive scientic and practical study. All of the above emphasizes
the relevance and signicance of the study conducted by the authors.
1. Methodology of the study
The methodological basis of the study was the theory of knowledge
of legal phenomena. Given the specics of the topic and purpose of the
study, the following methods are used in the article: dialectical method
phenomena); method of integrated approach (for analysis of legal sources
devoted to the researched problem); formally logical method of research
(to dene the concept and forms of compensation in criminal proceedings);
comparative legal method (to analyze the rules of the current CPC of
Ukraine in comparison with the rules of criminal procedure of other
states; to analyze other views expressed in theory and practice to ensure
compensation for damage caused by a criminal oense; formally legal
method (to understand the essence and interpretation certain legal norms
on the provision of compensation for damage caused by a criminal oense,
to formulate denitions and conclusions), the method of legal analysis (to
study and analyze current domestic and foreign regulations dening the
principles of compensation).
2. Analysis of recent research
Problems of establishing and compensating for the damage caused by
criminal damage have been the subject of research by such scientists as: V.
Popelyushko (Popelyushko, 2020), Y. Groshevii, V. Tatsiy, A. Tumanyants
(Groshevii et al., 2013), V. Kovalenko, L. Udalova, D. Pysmenniy (Kovalenko
et al., 2013). O. Pchelina (Pchelina, 2011), I. Tataryn (Tataryn, 2015), Y.
Chornous (Chornous et al., 2021), C. Roxin, B. Schünemann (Roxin and
Schünemann, 1998), V. Dubrovin (Dubrovin, 2010) and others. A number of
fundamentally important provisions formulated in their works. At the same
time, issues related to the establishment and compensation of damages in
criminal proceedings need further investigation.
The purpose of this article is to disclose the content of legal provisions
relating to civil lawsuits in criminal proceedings and the current practice
of their application, primarily the Supreme Court of Ukraine and the
European Court of Human Rights (ECtHR), outline the implementation of
the institution of compensation for criminal damage, oenses and providing
proposals for improving criminal procedure legislation in this area.
52
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
3. Results and discussion
Legal science divides the damage caused by crime into three types:
moral, physical and property (material). Moral damage as a consequence
of the crime is intangible and, in accordance with Part 2 of Art. 23 of the
Civil Code of Ukraine, is expressed: 1) in physical pain and suering that
an individual has suered in connection with an injury or other damage to
health; 2) in mental suering that an individual has suered in connection
with illegal behavior towards himself, members of his family or close
relatives; 3) in mental suering suered by an individual in connection with
the destruction or damage of his property; 4) in humiliation of honor and
dignity of a natural person, as well as business reputation of a natural or legal
person (Civil code of Ukraine, 2003). Physical harm is the negative changes
in the victim’s physical and mental health caused by the crime, expressed in
various degrees (death of a person, causing severe, moderate or light bodily
injuries, mental disorders, changes in the normal development of the body,
etc.) (Tataryn, 2012). Property damage is any reduction or destruction of
a property subjective right protected by law of interest or property, which
causes loss to the victim (Mitrofanov and Gaikova, 2012).
Compensation in criminal proceedings is subject to moral and
property damage, as physical damage dened as a set of changes that have
objectively occurred in the human condition because of a criminal oense.
The components of physical harm include bodily injury, ill health, physical
suering, and therefore their actual compensation is impossible. The cost
of restoring physical health calculated in monetary terms and is included in
property damage. These are: the monetary costs of restoring the health of the
victim, and in the event of his death – the burial and payments to maintain
the material well-being and upbringing of disabled family members of the
victim and his minor children; funds spent by the health care institution for
inpatient treatment of a victim of crime (Kovalenko et al., 2013).
Chapter 9 of the CPC of Ukraine provides for forms of compensation
(compensation) for damage in criminal proceedings, namely: 1) voluntary
compensation (compensation) for damage (Part 1 Art. 127); 2) ling a civil
lawsuit (Part 2 Art. 127, 128, 129); 3) application for bail to enforce the
sentence in part of property penalties (Part 1 Art. 177; Parts 4, 11 Art. 182);
4) compensation for damage to the victim caused by a criminal oense, at
the expense of the State Budget of Ukraine (Art. 127, Part 2, Art. 3, Art. 572);
5) criminal-legal restitution (item 5 part 9, part 10 Art. 100; part 4 Art. 374);
6) compensation (compensation) for damage caused by illegal decisions,
actions or omissions of the body carrying out operational and investigative
activities, pre-trial investigation, prosecutor’s oce or court, in cases and
in the manner prescribed by law (Article 130) (Сriminal procedure code of
Ukraine, 2012).
53
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
It should be noted that the institution of damages is an interdisciplinary
institution: in addition to criminal procedural law, it is also provided by civil
procedure law, which provides for a claim for damages in civil proceedings.
This method of protection of violated property and personal non-property
rights and legitimate interests of the victim can be implemented both before
and after the criminal proceedings, in particular in cases of failure to le a
civil lawsuit in criminal proceedings or leave it without trial.
An analysis of law enforcement practice shows that victims of crime do
not always receive adequate compensation for the harm caused to them,
and therefore their rights and legitimate interests are not fully restored.
In domestic criminal proceedings, the restoration of violated rights and
legitimate interests of victims, as a rule, is realized by a claim form of
compensation for property damage or pecuniary damage, ie, by ling a
civil lawsuit. In relation to this issue, scientic circles highlight a number
of reasons for the weak protection of the victim of the crime in terms of
compensation for damage. One of the reasons for the impossibility of
fully restoring the rights and legitimate interests of victims is the lack
of unambiguous understanding of the nature of civil proceedings by
participants in criminal proceedings, and in particular by persons whose
interests have been violated by the crime.
There is no longer any doubt that a civil action does not contradict a
criminal case, and the resolution of a civil action in criminal proceedings
is a higher priority than in civil proceedings. Thus, the jurisdiction and
jurisdiction of a civil action are determined by the jurisdiction of the
criminal case. Thus, a person recognized as a civil plainti in a criminal
case is released from the need to participate twice in court proceedings, rst
in a criminal case, then in a civil case.
Thus, a civil action in a criminal case does not complicate the criminal
process. The advantages of a civil action in a criminal case are obvious
from the point of view of procedural economy and the completeness of the
examination of evidence.
There is a discussion among scholars and practitioners about the
expediency of expanding the grounds of a civil lawsuit in a criminal case;
admissibility of the appearance of a civil plainti in a criminal case, when
the amount of damage has not yet been precisely determined, and the
person who committed the crime has not been identied; resolution of
a civil claim when considering a criminal case in a special order of court
proceedings; the competence of the courts to eliminate the shortcomings
of the preliminary investigation in terms of civil lawsuits in criminal
cases. These issues are “taste”, evaluative in nature and the lack of their
unambiguous understanding among lawyers does not signicantly aect
the solution of the tasks set before the state to ensure judicial protection of
the rights of victims of crime.
54
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
It seems that, despite the position of the victims, the state, as one of
the subjects of criminal proceedings, is obliged to take measures to timely
compensate for the damage caused to them as a result of the crime. In this
regard, the ling of a civil action should be considered as a right of the
victim, corresponding to the duty of the prosecuting authorities and the
court to clarify such a right and ensure the real possibility of its exercise.
The exercise by victims of the right to bring a civil action in a criminal
case directly depends on how complete the mechanism for exercising this
right will be and how well the conditions for its exercise will be created.
There is no doubt that the optimal conditions for ensuring the execution of
a sentence in a civil action must be created immediately after the initiation
of a criminal case, ie at the pre-trial stages of criminal proceedings.
Therefore, it is the persons carrying out criminal prosecution who
are obliged to carry out procedural actions aimed at compensating for
the damage caused: to take all measures provided by law to identify
civil defendants and search for property to be recovered, seize property,
etc. However, investigators interrogators, their leaders have mainly the
necessary knowledge and some experience in the eld of criminal and
criminal procedure law. A civil action in a criminal case is based on civil law
and must be considered through the prism of civil and civil procedural law.
Imbalance of public legal principles and private legal principles in
criminal procedure, imperfection of the mechanism of compensation, some
incompetence of prosecutors in matters of civil law disorient them and do
not allow to take eective measures to restore violated civil rights.
The resolution of civil lawsuits in a criminal case is based on the
establishment of such legal facts as the existence of a crime, the iniction
of harm by a crime, the existence of a causal link between the crime and the
harm caused.
Claims for pecuniary damage are resolved based on the amount of
damage caused as a result of the crime, which is established during the
preliminary investigation and checked during the trial. The resolution
of claims for non-pecuniary damage is conditional on the nature of the
suering caused, the requirements of reasonableness and justice.
Claims for compensation for damage caused to the life and health of
a citizen, due to their specicity due to the complex subject of evidence,
are not considered in criminal proceedings and are fairly attributed to the
scope of regulation of civil proceedings. Thus, a “civil action” in criminal
proceedings should be understood as a procedural means of judicial
protection of property rights and legitimate interests of victims of crime.
Citizens or legal entities have the right to le a civil lawsuit in a criminal
case if there are grounds to believe that they have suered property damage
as a result of the crime, as well as citizens in the event of moral and (or)
physical suering.
55
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
Compensation for non-pecuniary damage caused by property crimes is
possible only in cases expressly provided by law. If the plainti’s property
rights have been violated in the criminal case and no violation of his non-
property rights has been established, and the legislation does not provide
for the possibility of compensation for non-pecuniary damage, the victim
has no grounds to sue for compensation for non-pecuniary damage.
The question of whether it is possible to maintain in criminal proceedings
the “presumption” of guilt of the defendant who caused the harm in
criminal proceedings requires some clarication. In civil proceedings, the
“presumption” of the perpetrator’s guilt presupposes that the defendant
himself must provide evidence of his innocence. The fact of causing harm,
its size, the causal link between the act of the defendant and the harmful
consequences is proved by the plainti. In criminal proceedings, the proof
of a civil claim is made according to the rules of criminal procedure and
taking into account the requirements of the principle of the presumption
of innocence. Therefore, the decision on the issue of civil liability must also
be based on the provisions of the presumption of innocence, that is, the
“presumption” of guilt of the defendant in this case becomes meaningless
and all irreconcilable doubts must be interpreted in his favor.
In our opinion, the burden of proving one’s claims lies with the civil
plainti, but there is no obligation to prove it, given that the law does not
provide for any sanctions for non-fulllment of such an obligation by the
said party.
The institute of civil action in the Ukrainian criminal process is an
extremely positive phenomenon, given at least that obtaining compensation
for the damage caused to the victim by a criminal oense is for him almost
more signicant than the punishment imposed on the guilty. However, the
ling, consideration, and resolution of a civil lawsuit in criminal proceedings
has several advantages over if it took place in civil proceedings.
First, such a path is the shortest way to compensate for the damage, as
the actual resolution of the claim in civil proceedings is possible only after
the entry into force of a court decision in a case under criminal proceedings.
Until then, civil proceedings in civil proceedings, even if the claim was led
during criminal proceedings, should be suspended (paragraph 6 of Part 1
Art. 251 of the Civil Procedure Code of Ukraine) (Civil procedure code of
Ukraine, 2004).
This way, secondly, signicantly facilitates the work of the civil plainti
to prove the grounds, subject matter, and number of claims. In this case,
both the grounds and the subject and amount of the claims are nothing
but a criminal oense, the guilt of the accused in its commission and the
amount and type of damage caused by the criminal oense, which have
both substantive (criminal and civil) and procedural (criminal and civil-
56
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
procedural) nature, are the circumstances to be proved in criminal
proceedings (paragraphs 1, 2, 3 of Part 1 Art. 91 of the CPC of Ukraine), and
proving these circumstances by collecting, verifying and evaluating evidence
is carried out, moreover, as the performance of criminal procedural duty by
the investigator and the prosecutor, and by checking and evaluating the
evidence also the court (Part 2 Art. 91, Art. 92-94 of the CPC of Ukraine).
Thirdly, when ling a civil lawsuit in criminal proceedings, the court
fee is not paid, and if it is satised, the convict is not charged (the decision
of the Supreme Court of Cassation in case № 187/291/17 of January 23,
2019). And fourth, the consideration of a civil lawsuit in this order gives
procedural savings, because it eliminates its consideration in the order of
civil proceedings (Popelyushko, 2020).
It should also be noted that the ECtHR has repeatedly emphasized in a
number of decisions, including those against Ukraine, the benets of a civil
action in criminal proceedings, emphasizing that in criminal proceedings
the civil aspect is so closely linked to the criminal aspect that the outcome
of the criminal proceedings is crucial for the consideration of the civil claim,
for the civil right of the applicant to compensation.
Therefore, such compensation is covered by the scope of paragraph 1
of Art. 6 of the Convention (cases: “Serdyuk v. Ukraine” of 20 September
2007; “Koziy v. Ukraine” of 6 November 2009; “Krivova v. Ukraine” of 9
November 2010). In the case of, for example, Ignatkin v. Ukraine of 21 May
2015, the ECtHR further stated that “the criminal proceedings were decisive
for the applicant’s right to compensation in civil proceedings” (§ 69), and
emphasized: “in In cases concerning liability for actions that have caused
serious damage to health, the authorities are obliged to act particularly
carefully and carry out proceedings with special speed” (Case “Ignatkina v.
Ukraine”of 21.05.2015).
In Part 1 Art. 128 of the CPC of Ukraine contains general provisions, which
together with the corresponding provisions of other legal norms determine
the subjects of the right to le a civil lawsuit in criminal proceedings, its
grounds and subject matter, time of ling and civil defendants.
Thus, as a general rule, a civil lawsuit in criminal proceedings may be
led by a natural person who has suered property and / or moral damage
by a criminal oense or other socially dangerous act, a legal entity who has
suered property damage by a criminal oense or other socially dangerous
act, and a legal entity to which property damage has been caused by a
criminal oense or other socially dangerous act (Part 1 Art. 61 of the CPC
of Ukraine). The claim must be led during the criminal proceedings, and
therefore after the pre-trial investigation (Part 2 Art. 214 of the CPC of
Ukraine), but before the trial, it means before the examination of evidence, ie
before the interrogation of the accused (Art. 351 CPC of Ukraine). From the
57
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
moment of ling a statement of claim to the body of pre-trial investigation
or court, these persons automatically acquire the status of civil plaintis
(Art. 61 of the CPC of Ukraine).
In the case of ling a civil lawsuit by the victim, both procedural statuses
are combined in one person – the victim (Art. 55-57 of the CPC of Ukraine)
and the civil plainti (Art. 61 of the CPC of Ukraine).
As for the method of compensation for property damage, at the request
of the injured party, and according to the circumstances of the case, it may
be compensated not only in cash but also in another way, in particular, may
be reimbursed in kind (transfer of the same kind and the same quality,
repair of the damaged thing, etc.), unless otherwise provided by law (Part 4
Art. 22, Part 1 Art. 1192 of the Civil Code of Ukraine).
Part 4 Art. 128 of the CPC of Ukraine stipulates that the form and content
of the statement of claim must meet the requirements established for
lawsuits led in civil proceedings. Currently, the requirements for the form
and content of the statement of claim are set out in Art. 175 Сivil Procedure
Code of Ukraine, where, in particular, states that in the statement of claim
the plainti sets out its claims on the subject matter of the dispute and
their justication, that the statement of claim is submitted to the court in
writing and signed by the plainti or his representative, another person
legally entitled to go to court in the interests of another person, and then its
semantic elements are given.
The court is not entitled to properly le a civil lawsuit for resolution
in civil proceedings, but is obliged to resolve it within the framework of
criminal proceedings. Support of the declared civil claim in court nds its
manifestation in substantiation by the civil plainti before court of claims
for compensation and / or compensation of the damage caused to it by a
criminal oense, and objection against the civil claim – in refutation by the
civil defendant of the bases and / or the size presented to it, requirements,
in connection with which they can actively use the rights granted to them by
the criminal procedure law.
The civil plainti, in addition to the rights and obligations of the actual
civil plainti, has the rights and obligations provided by law for the victim,
in the part relating to the civil claim (Part 3 Art. 61 of the CPC of Ukraine),
and the civil defendant – the relevant rights and obligations ties provided
by law for the suspect, accused (Part 3 Art. 62 of the CPC of Ukraine). This
means that they are granted equal procedural rights to state objections,
petitions, give explanations, testimony, participate in the examination of
evidence, appear in court debates, etc. (Art. 42, 56 of the CPC of Ukraine).
Specic, belonging only to the civil plainti is his right, due to the essence
of the claim as the will of the person who led a claim for compensation
/ compensation for the damage caused to him, which he has the right to
58
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
dispose of, is the right to support the civil claim or refuse to remove it, court
in the deliberation room for a court decision (Part 3 Art. 61 of the CPC of
Ukraine). And only the civil defendant has the right to recognize the claim
in whole or in part or to object to it (Part 3 Art. 62 of the CPC of Ukraine).
With regard to the right of these participants in the trial to give
explanations, testimonies, the explanations here should be understood as a
way for them to inform the court of information about certain circumstances
related to a civil lawsuit in cases where the civil plainti is not both a victim
and a civil defendant. is not accused, because the CPC of Ukraine does not
provide explanations of these persons as a source of evidence in criminal
proceedings (Part 2 Art. 84, Part 1 Art. 95 of the CPC of Ukraine).
Explanation of civil plaintis and civil defendants under the CPC
of Ukraine is one of their fundamental rights as participants in the case
(paragraph 3 of Part 1 Art. 43 of the CPC of Ukraine), which is reduced
to expressing their attitude in court to written, physical and electronic
evidence or protocols their review (Part 5 Art. 229 of the CPC of Ukraine), to
the testimony of witnesses announced in court (Art. 233 of the of Ukraine),
to the means of supplementing the case le after the court claries all its
circumstances and veries the evidence (Art. 241 of the CPC of Ukraine),
etc., ie in essence, they are one of their main means of proof in the trial of
a civil claim, although they are not directly referred to the sources of civil
procedural evidence by law (Art. 76 of the CPC of Ukraine). These persons
testify when the civil plainti and the victim and, accordingly, the civil
defendant and the accused act in the same person.
Participation in the trial is the right of the civil plainti. A civil action
may be heard in the absence of the civil plainti, his representative or legal
representative, if he has led a request for consideration of the claim in
his absence or if the accused or civil defendant has fully acknowledged the
claim. If the civil plainti, his representative or legal representative in the
absence of these conditions did not appear in court, the court leaves the
civil claim without consideration (Part 1 of Art. 326 of the CPC of Ukraine).
In case of non-appearance at the court hearing at the summons of the
civil defendant, who is not the accused, or his representative, the court,
after hearing the opinion of the participants in the proceedings, depending
on whether it is possible in their absence to clarify the circumstances of the
civil lawsuit, conducting a trial without them or postponing the trial.
In this case, the court has the right to impose a ne on the civil
defendant in the manner prescribed by chapter 12 of the CPC of Ukraine
(Part 2 Art. 326 of the CPC of Ukraine). The civil plainti has the right in
the manner prescribed by Art. 171 of the CPC of Ukraine, in order to secure
a civil lawsuit, apply to the court for seizure of property. In the judicial
procedure, a civil claim is considered in general according to the rules of
59
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
criminal prosecution (§ 3, chapter 28 of the CPC of Ukraine) and the rules
concerning the consideration of the actual civil claim.
If he les such a claim in criminal proceedings, the opening of civil
proceedings must be denied with the return of the statement of claim (Art.
185, paragraph 1, part 1 Art. 186 of the CPC of Ukraine). A person who has
not led a lawsuit in criminal proceedings, as well as a person whose civil
lawsuit has been left without consideration in criminal proceedings, has the
right to le it in civil proceedings (Part 7 Art. 128 of the CPC of Ukraine).
The law does not provide for the court to decide in criminal proceedings
on the issue of compensation (compensation) for damage caused by a
criminal oense or a socially dangerous act if a civil lawsuit has not been
led. If the subject of the criminal case together with the accusation (socially
dangerous act of a minor or insane person) was a civil lawsuit, the court in
the deliberation room when sentencing (ruling) must also decide whether
to satisfy the civil lawsuit and if so, in whose favor, in what amount and in
what order (paragraph 7 of Part 1 Art. 368 of the CPC of Ukraine).
The motivating part of the sentence (ruling) of the court must indicate
the grounds for satisfaction of the civil claim or rejection, left without
consideration, the reasons for the decision and the provisions of the law
governing the court, and in the operative part – the decision on the civil
claim (Art. 374 CPC of Ukraine).
In cases where the damage was caused by several persons, and in respect
of some of them the criminal proceedings were closed at the pre-trial
investigation or in the preparatory proceedings on the grounds provided for
in Art. 284 and 314 of the CPC of Ukraine, it is charged by the court in full
from the accused, who, in case of compensation, has the right of recourse
(recourse) to the specied co-perpetrators of its task (Part 1 Art. 1191 of the
Civil Code of Ukraine). In the case of establishing the absence of an event of
a criminal oense, as stated in Part 2 of Art. 129 of the CPC of Ukraine, the
court rejects the claim.
This means that the court rejects the claim when passing an acquittal on
the grounds that: 1) the absence of a criminal oense (paragraph 1 of Part
1 Art. 284, paragraph 2 of Part 1 Art. 373 of the CPC of Ukraine); 2) it has
not been proved that a criminal oense in which the person is accused has
been committed (paragraph 1, part 1 Art. 373 of the of Ukraine); 3) it has
not been proved that the criminal oense was committed by the accused
(paragraph 2, part 1 Art. 373 of the CPC of Ukraine). Similarly, the court
rejects the claim when closing criminal proceedings on the application of
coercive measures of an educational nature to minors who have not reached
the age of criminal responsibility, as well as on the application of coercive
measures of a medical nature on the grounds that: 1) no socially dangerous
act; 2) it has not been proved that the relevant socially dangerous act was
60
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
committed; 3) it is not proved that this person committed the relevant
socially dangerous act (Part 1 Art. 284, Part 1, 2 Art. 501 of the CPC of
Ukraine; Part 1 Art. 504, Part 3 Art. 513 CPC of Ukraine).
Leaving the claim without consideration in case of acquittal of the
accused in the absence of a criminal oense in his actions (Part 3 Art. 129
of the CPC of Ukraine) should occur in cases where criminal proceedings
are decided on the grounds if: 1) it is not proved that the accused criminal
oense (paragraph 3 of Part 1 Art. 373 of the CPC of Ukraine); 2) the absence
in the act of a criminal oense (paragraph 2 of Part 1 Art. 284, paragraph 2
of Part 1 Art. 373 of the CPC of Ukraine).
Such a solution to this issue in a criminal case allows the victim to
compensate for the damage caused to him in civil proceedings, as it allows
to prove the illegality of the act of the acquitted, which entails tort liability
under the relevant rules of civil law.
But a civil claim may be considered in the absence of the civil plainti,
his representative or legal representative, if he received a request for
consideration of the claim in his absence or if the accused or civil defendant
fully acknowledged the claim (paragraph 2, part 1 Art. 326 CPС of Ukraine).
For any other reason, the court has no right to leave the claim without
consideration when passing a guilty verdict (Resolution of the Supreme
Court of Cassation of 16.05.2019 № 462/5779/15-k).
The above should also be applied by analogy in criminal proceedings
concerning the application of coercive measures of an educational nature
to minors who have not reached the age of criminal responsibility (§ 2 of
Chapter 38 of the CPC of Ukraine) and the application of coercive measures
of a medical nature (Chapter 39 of the CPC of Ukraine).
A person who has not led a civil lawsuit or whose civil lawsuit has
been left without consideration must be explained the right to le it in civil
proceedings (Part 7 Art. 128 of the CPC of Ukraine).
Thus, ling a civil lawsuit in criminal proceedings provides the fastest
restoration of property rights of a victim of a criminal oense, and is the most
eective way to eliminate the negative consequences of a criminal oense,
as it provides the fullest restoration of the victim’s rights compared to other
(non-litigation) injured. An important role in bringing and maintaining a
claim on behalf of the victim belongs to the prosecutor, who can eectively
enforce the victim’s right.
As noted by O. Pchelina, forensic support for establishing the amount
of damage and its compensation is to develop appropriate scientic and
practical recommendations, forensic tools and technologies for their use by
law enforcement and judicial authorities to optimize and facilitate activities
to ensure compensation for damage caused by criminal oenses (Pchelina,
2011).
61
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
The rst step in order to establish and compensate for the damage is
carried out by the bodies conducting the investigation, because this task is
directly provided in Art. 91 of the CPC of Ukraine, as a circumstance subject
to proof in criminal proceedings. Thus, paragraph 3 of Part 1 of Art. 91 of
the CPC of Ukraine establishes that in criminal proceedings the type and
amount of damage caused by a criminal oense (Сriminal procedure code
of Ukraine, 2012) is subject to proof.
It is worth agreeing with E. Videnko that the type of damage and its
amount, expressed in property (monetary) equivalent, is the subject of a
civil lawsuit. In addition, proving the type and amount of damage caused in
criminal proceedings involves not only the justication of a civil lawsuit for
damages, but is primarily of criminal law signicance. This can be explained
by the fact that the amount of damage belongs to the objective side of the
criminal oense, determines the degree of it’s social danger, and often the
criminal qualication (Videnko, 2014).
І. Tataryn proposes to understand the provision of damages at the stage
of pre-trial investigation procedural activities of prosecutors, investigators
and on their behalf procedural and operational-search activities of
operational units, aimed at taking the necessary measures to search, identify
property and other valuables and initiate a petition to the investigating
judge seizure of such property in order to secure the civil claim led in
criminal proceedings.
Necessary measures to ensure a civil lawsuit at the stage of pre-trial
investigation of criminal proceedings should be: a) the correct determination
of the amount and amount of damage caused to the victim; b) search,
detection and return of stolen property preserved in kind; c) detection of
destroyed or damaged property and ensuring the return of lost property in
kind or its monetary equivalent in full; e) ensuring full reimbursement to
the victim of the value of the stolen property in case of impossibility of its
return; d) ensuring compensation for other damage caused by a criminal
oense; e) seizure of property, other valuables in order to compensate for
the damage caused by a criminal oense; f) preservation of property and
other valuables necessary for the execution of a court decision in case of
satisfaction of a claim for compensation for damage caused by a criminal
oense (Tataryn, 2015).
In order to ensure compensation for the damage caused by the crime, the
bodies investigating it are obliged to establish: 1) the location of property,
cash and non-cash funds, as well as other valuables obtained by criminal
means; 2) the presence and location of movable and immovable property,
cash and non-cash funds, other valuables belonging to the suspect on the
right of ownership; 3) the suspect has rights to certain types of property
or prot from the activities of relevant enterprises. Part 2 Art. 170 of the
CPC of Ukraine stipulates that the investigator and prosecutor must take
62
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
the necessary measures to identify and search for property that may be
seized in criminal proceedings, in particular by requesting the necessary
information from the National Agency of Ukraine for Detection, Search and
Management of Corruption Assets, and other crimes, other state bodies and
local governments, individuals and legal entities (Сriminal procedure code
of Ukraine, 2012).
Given the mechanism of committing certain oenses, in order to ensure
compensation for damage, there is a need for international cooperation
with foreign law enforcement agencies and international law enforcement
organizations. After all, rstly, international business entities may be
involved in committing criminal oenses, and secondly, criminal income,
money and property of the suspect are taken out of Ukraine.
However, in addition to requesting the necessary information from state
bodies by persons investigating corruption crimes, information on objects
that have been acquired by criminal means or other objects that can be
used to provide compensation for damage is found during investigative
(search) and covert investigative (search) actions. This may be information
obtained during the interrogation of witnesses and the suspect, various
documents found during inspections and searches, draft records with
relevant information, as well as information obtained during the arrest
and inspection of correspondence, removal of information from transport
telecommunications networks and electronic information systems,
inspection of publicly inaccessible places, housing or other property of a
person, control over the commission of a crime.
After establishing the presence and location of these objects, law
enforcement agencies must take all possible measures to return the objects
obtained by criminal means, seize the suspect’s property in order to prevent
his alienation or concealment by the suspect.
A measure of securing a civil claim in a criminal case is the seizure of
the property of the accused or persons who are legally liable for his criminal
actions, or other persons who have property acquired by criminal means.
It should be noted that the procedural activities aimed at ensuring
compensation for damage caused by a criminal oense, is most eectively
implemented by conducting tactical operations aimed at solving this
problem. It is worth agreeing with I. Tataryn that such tactical operations
can include the following: 1) “Establishing the nature and extent of
damage caused by a criminal oense”; 2) “Search for stolen property”;
3) “Identication and seizure of stolen property”; 4) “Identication of
persons who bear property responsibility for the caused damage, and
their involvement in criminal proceedings as civil defendants”; 5) “Search,
identication of property subject to seizure, and appeal to the investigating
judge for the purpose of seizing such property”; 6) “Preservation of seized
property” (Tataryn, 2015).
63
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
Thus, the establishment and provision of compensation for damage
caused by a criminal oense is carried out in the course of the entire
investigation by investigators, prosecutors and, on their behalf, by
operatives. Such activities include a signicant number of overt and covert
investigative (search) actions that are best implemented through tactical
operations. In order to ensure compensation, Ukrainian law enforcement
agencies may, within the framework of international cooperation, use the
assistance of international law enforcement agencies and law enforcement
agencies of other states, as well as cooperate with the National Agency of
Ukraine for Detection, Investigation and Management of Corruption and
Other Criminal Oenses. The nal decision on compensation for damage
caused by a corruption crime is made by the court.
As evidenced by the investigative and judicial practice, the resolution of
a civil claim in criminal proceedings causes a lot of diculties. For example,
there is a negative trend that prevents adequate compensation for the harm
caused to victims of crimes.
This is the lack of motivation on the part of the criminal prosecution
authorities, the desire to shift the function of investigating the crime to the
courts. It is indisputable that clarication of the right to le a civil claim,
recognition as a civil claimant, involvement as a civil defendant, taking
measures to secure the claim, familiarization of the civil claimant, civil
defendant and their representatives with the materials of the criminal case
is additional work for the preliminary investigation bodies. Therefore, the
investigators, in order to avoid unnecessary worries, oer the victim to le
a claim in court.
As a result, in criminal cases sent to the courts, often not all persons in
respect of whom the fact of harm has been established are recognized as
victims. Measures have not been taken to search for and arrest the property
of the suspect, the accused or persons bearing nancial responsibility. The
indictments do not contain information about the civil plainti, if there is
one at the stage of the investigation of the crime. The value of the stolen
or damaged property has not been conrmed by appropriate evidence.
When a crime is committed against several victims, there is no information
about the amount of damage caused to each of them. The accused have not
been explained the provisions of the law on the recognition of voluntary
compensation for property damage and moral harm as a mitigating
circumstance.
Criminal procedural legislation allows for the possibility of ling a civil
claim before the end of the judicial investigation in a criminal case in the
court of rst instance. The court may explain to the victim his right to bring
a civil claim at the preliminary hearing and in the preparatory part of the
trial, as well as, if there are grounds for that, to take measures to secure a
civil claim. However, the load on the courts is growing every year. The local
64
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
specialization of judges for civil lawyers and criminologists is increasingly
being established, considering only civil or only criminal cases, respectively.
The quality of justice is determined by the number of canceled or
changed decisions. Incorrect resolution of a civil claim in a criminal
case entails the cancellation of the verdict in this part by the court of
appeal. Due to the unresolvedness of a number of theoretical issues, the
compensation by judges of the shortcomings admitted by the preliminary
investigation bodies in terms of civil claims may lead to an expansion of the
existing model of conditionally changeable (conditionally rigid) limits of
judicial proceedings, including due to the emergence of new participants
in criminal proceedings (civil lawsuits), plainti, civil defendant and their
representatives).
Therefore, judges in the courts of criminal jurisdiction, in order to avoid
judicial errors, not wishing to violate the principles of adversariality and
equality of parties, do not always resolve civil claims in criminal cases. In
turn, as noted earlier, the resolution of civil claims by civil judges is much
slower. The sums recovered by the courts are purely symbolic. This causes
obvious discontent among the victims, gives rise to an opinion about the
indierence and indierence of the judiciary to their fate, the unwillingness
of the courts to protect violated rights.
In conclusion, we note that the restoration of social justice in criminal
proceedings requires neutralization of the consequences of a specic crime.
Having provided for the possibility of ling a civil claim in a criminal case,
the legislator, proceeding from the connection of the harm caused with a
criminal act, pursued the goal of most eectively protecting the subjective
civil rights of victims and ensuring their prompt access to justice.
In practice, the implementation of this goal is not yet highly eective and
does not meet public expectations. Interesting in this case is the legislation
on compensation to victims of damage caused by crimes in some foreign
countries. For example, as we know, the Criminal Procedure Code of the
Federal Republic of Germany does not contain the concept of “civil action”.
However, according to Section 3 of Book 5 of the Criminal Procedure Code
of the Federal Republic of Germany “Payment of compensation to victims”,
compensation for damage is carried out by the court when the victim or his
heir makes a corresponding request (Roxin and Schünemann, 1998).
If the harm remains uncompensated at the expense of the perpetrators,
then the Law on Payment of Compensation to Victims of Violence is applied.
According to this Law, which has been in force for more than 35 years,
individuals who have suered bodily, mental or mental harm as a result
of the commission of intentional violent crimes, as well as close relatives,
if the violent act immediately or later led to the death of the victim, have
the right to state compensation for this, harm in the form of cash benets
(Gesetz über die Entschädigung für Opfer von Gewalttaten).
65
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
A similar mechanism has been successfully functioning for a long time in
the United States of America, Great Britain, France, Austria, Finland, and
other foreign countries (Dubrovin, 2010). All this testies to the need to
develop in Ukrainian legislation new scientic approaches to the institution
of a civil claim in a criminal case, prompted, inter alia, by international
experience. Otherwise, certain articles of the Constitution of Ukraine will
be declarative in nature, not ensuring the restoration of violated civil
rights of victims of crimes and the solution of preventive tasks of criminal
proceedings.
Conclusions
The logical conclusion of the content of the scientic article are the
corresponding conclusions made as a result of research of problematic
issues:
• The main forms (methods) of realization of the right of victims to
compensation of the damage caused by a criminal oense are a civil
claim, criminal-legal restitution and voluntary compensation of the
guilty of the caused damage.
• Under the provision of compensation for damage from a criminal
oense at the stage of pre-trial investigation should be understood:
procedural activities of investigators, prosecutors and on their
behalf procedural and operational-investigative activities aimed
at taking the necessary measures to search, identify property and
other valuables and petition the investigating judge seizure of
such property in order to secure the civil claim led in criminal
proceedings.
• Necessary measures to ensure a civil lawsuit in criminal proceedings
are: correct determination of the amount and amount of damage;
search, detection and return of stolen, destroyed or damaged
property; ensuring full reimbursement of the value of stolen property
in case of impossibility of its return; ensuring compensation for
other damage caused by a criminal oense; seizure of property,
other valuables in order to compensate for the damage caused by
a criminal oense; preservation of property and other valuables
necessary for the execution of a court decision in case of satisfaction
of a claim for compensation for damage caused by a criminal oense.
• The decisions of the courts considered in the article indicate the
presence of problematic issues when ling a civil claim in civil and
criminal proceedings. The realization of the rights of victims related
to compensation for material damage and moral harm depends
66
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
on the timeliness of ling claims, the correct determination of
jurisdiction and mandatory compliance with the relevant grounds
and conditions imposed by the criminal procedural legislation
to a civil claim. Given the constant variability of judicial practice
in resolving a civil lawsuit in criminal proceedings, in addition to
strict compliance with the relevant provisions of procedural and
substantive laws, it is necessary to take into account the case law of
the Supreme Court of Ukraine and the ECtHR.
Bibliographic References
CASE “IGNATKIN V. UKRAINE”. 2015. Available online. In: http://zakon.
rada.gov.ua/laws/show/974_a65#Text. Consultation date: 18/10/2021.
CASE “KOZIY V. UKRAINE”. 2009. Available online. In: http://zakon.rada.
gov.ua/laws/show/974_547#Text. Consultation date: 18/10/2021.
CASE “KRIVOVA V. UKRAINE”. 2010. Available online. In: http://zakon.rada.
gov.ua/laws/show/974_836#Text. Consultation date: 18/10/2021.
CASE “SERDYUK V. UKRAINE”. 2007. Available online. In: http://zakon.
rada.gov.ua/laws/show/974_547#Text. Consultation date: 18/10/2021.
CHORNOUS, Yuliia; NIKITINA-DUDIKOVA, Hanna; LEPEI, Olena;
ANTONIUK, Anastasiia; FRIDMAN-KOZACHENKO, Mariia. 2021.
“Investigation of sexual crimes against children” In: Cuestiones Políticas.
Vol. 39, No.68, pp. 667-668. Available online. In: DOI: https://doi.
org/10.46398/cuestpol.3968.42. Consultation date: 02/02/2021.
CIVIL CODE OF UKRAINE. 2003. № 435-IV. Information of the Verkhovna
Rada of Ukraine. № 40–44. St. 356. Available online. In: http://zakon4.
rada.gov.ua/laws/show/435-15. Consultation date: 18/10/2021.
CIVIL PROCEDURE CODE OF UKRAINE, 2004. Available online. In: http://
zakon.rada.gov.ua/laws/show/1618-15#Text. Consultation date:
18/10/2021.
CONSTITUTION OF UKRAINE. 1996. Available online. In: https://zakon.
rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text.
Consultation date: 18/10/2021.
CRIMINAL PROCEDURE CODE OF UKRAINE. 2012. № 4651-UI. Available
online. In: https://zakon.rada.gov.ua/laws/show/4651-17#Text.
Consultation date: 18/10/2021.
67
CUESTIONES POLÍTICAS
Vol. 40 Nº 72 (2022): 48-68
DUBROVIN, Victor. 2010. “Compensation for damage caused by a crime by
compensation from the state (domestic and foreign experience)” In:
International criminal law and international justice. No. 3, pp. 1519.
EUROPEAN CONVENTION ON THE COMPENSATION OF VICTIMS OF
VIOLENT CRIMES. 1983. Available online. In: http://zakon4.rada.gov.
ua/laws/show/994_319. Consultation date: 18/10/2021.
GESETZ ÜBER DIE ENTSCHÄDIGUNG FÜR OPFER VON GEWALTTATEN
(OPFERENTSCHÄDIGUNGSGESETZ – OEG). Available online. In:
https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/84401/93805/
F704872623/DEU84401.pdf, Consultation date: 18/10/2021.
GROSHEVII, Yuri; TATSIY, Vasily; TUMANYANTS, Anush. 2013. Criminal
proceedings. Textbook. Publisher: Law. Kharkiv, Ukraine.
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. 1966.
Available online. In: http://zakon4.rada.gov.ua/laws/show/995_043.
Consultation date: 18/10/2021.
KOVALENKO, Valentin; UDALOVA, Larisa; PYSMENNIY, Dmitry. 2013.
Criminal proceedings: a textbook. Center for Educational Literature.
Kyiv, Ukraine.
MITROFANOV, Igor; GAYKOVA, Tatiana. 2012. ““Damage” and “losses”: the
relationship of concepts” In: Bulletin of Mykhailo Ostrohradskyi KrNU.
2012. No. 2, pp. 196–200.
PCHELINA, Oksana. 2011. “Forensic support to establish the nature and extent
of damage caused by economic crime” In: Law and Security. No. 1, pp.
183–187.
POPELYUSHKO, Vasil. 2020. Civil lawsuit in criminal proceedings: a practical
aspect. Journal of the National University “Ostroh Academy”. “Law”.
Series. 2020. Available online. In: http://lj.oa.edu.ua/articles/2020/
n2/20pvoppa.pdf. Consultation date: 18/10/2021.
RESOLUTION OF CRIMINAL COURT CASSATION OF THE SUPREME
COURT. 2019. Case № 187/291/17: Available online. In: http://reyestr.
court.gov.ua/Review/79439726/. Consultation date: 18/10/2021.
RESOLUTION OF THE SUPREME COURT OF CASSATION. 2019. №
462/5779/15-k. Available online. In: http // reyestr.court.gov.ua /
Review / 81925880. Consultation date: 18/10/2021.
ROXIN, Claus; SCHÜNEMANN, Bernd. 1998. Trac law. A study book.
Published by C.H. Beck Verlag. Munich, Germany.
68
Yana Koniushenko, Petro Pidyukov, Tetiana Ustymenko, Olha Khakhutsiak y Mykhailo Gultai
Damage compensation mechanism in the criminal process
TATARYN, Igor. 2012. “The concept and types of damage caused by crime” In:
European Perspectives Issue. No. 3, part 3, pp. 74-80.
TATARYN, Igor. 2015. Ensuring compensation for damage caused by a criminal
oense in a pre-trial investigation. Lviv, Ukraine.
VIDENKO, Eugene. 2014. “Civil lawsuit in the criminal proceedings of Ukraine
as a “tool” to protect the rights of the victim” In: Comparative and
analytical law. No. 5, pp. 368-370. Available online. In: http://www.pap.
in.ua/5_2014/110.pdf. Consultation date: 18/10/2021.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en enero de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 72
