COMPENSATION FOR HARM CAUSED BY ILLEGAL PROSECUTION: A STATE OF SCIENTIFIC STUDY AND DIRECTIONS OF FUTURE RESEARCHES
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 1, Issue 5
Abstract
The article studies already existing scientific papers on compensation (indemnification) for harm caused by illegal conduct of bodies which carry out investigative activities, pre-trial investigation, prosecutor’s office, and court in national and foreign legal science. The study has determined the character and the role of state responsibility in the case of illegal prosecution. There have been considered issues of the existence in legal thought of pluralism of scientific opinions on the sectoral affiliation of the institute of compensation for harm caused by illegal prosecution. There have been analyzed the historical sources and opinions of scientists on the division of the reasons of compensation (indemnification) for harm caused by the illegal conduct of bodies which carry out investigative activities, pre-trial investigation, prosecutor’s office, and court, into “rehabilitative” and “non- rehabilitative”. Based on the various scientific papers and considering the provisions of the Law of Ukraine “On the Procedure for Compensation for Harm Caused by the Illegal Conduct of Bodies which carry out Investigative Activities, Pre-Trial Investigation, Prosecutor’s Office, and Court”, there have been reviewed forms of compensation for harm caused by illegal prosecution. Today, the issue of the adequate functioning of compensation (indemnification) for harm caused by illegal prosecution as a separate institution of the criminal process and the development of the most effective mechanisms for its implementation is of great interest; determination of the liability limits and the subject structure of the persons entitled to compensation; advancing the list of actions and decisions of officials, which may be the subject of compensation in the case of illegal conduct. Based on the article, it has been concluded that compensation (indemnification) for harm caused by the illegal conduct of bodies which carry out investigative activities, pre-trial investigation, prosecutor’s office, and court is one of the most important compensation institutes in the science of criminal procedure law and requires further research at the modern stage of development of scientific and legal thought in Ukraine, in particular, considering the human-centered vectors of the modern criminal process.
Authors and Affiliations
А. О. Вилцан
Keywords
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