Conceptual issues of ensuring the protection of human rights of victims of crime in Ukraine

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Conceptual issues of ensuring the protection of human rights of victims of crime in Ukraine

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The article reveals the provisions devoted to the problem of activating the state’s participation in ensuring the protection of human rights, which suffered from crime. The Decree of the President of Ukraine dated December 28, 2004 № 1560/2004 «On the Concept of Protection of the Legal Rights and Interests of Persons Victims of Crime» was issued, with the aim of improving the legal and organizational mechanism for the protection of the legal rights and interests of persons who have suffered from crimes. The Concept approved by this Decree stated that the problem of the protection of the legal rights and interests of victims of crimes, the effective restoration of their rights, the timely reimbursement of the damage caused by the crime, as evidenced by the results of the analysis of legislation and the practice of its application, remains extremely relevant. Despite the fact that the victim may, by a court order, obtain compensation for the damage caused by the committed crime, however, it is rarely practiced in full, and in cases where the person who committed the crime is not found or is being hid or insolvent, not at all. It is noted that the priority directions of the state policy in providing assistance to victims, the development of an effective system of protection of their rights are ensured by the basic principles, namely: fair treatment of victims; Awareness provision of damages; provision of legal aid to victims; providing victims with social assistance. The Government of Ukraine clearly stated that this Concept had to provide as much as possible effective protection of the victims, including compensation for the damage caused to them, as well as to promote the full implementation of the constitutional guarantees for the restoration of violations of human rights crimes. It is emphasized that these measures will be implemented in stages. The first stage (2004–2006) should be carried out: studying world experience in protecting the rights and legitimate interests of victims; elaboration of new and improvement of the effective legislation on protection of the rights and interests of victims; developing a mechanism for the implementation of the rights of victims; preparation of methodical recommendations on the organization of assistance to victims; implementation of practical measures aimed at raising the level of victimological knowledge in the population. At the second stage (since 2006) there should be: introduction into practice of the mechanism of compensation to the victims of the damage caused by the crime; creation of favorable conditions for the activity of public organizations and charitable foundations in the field of providing assistance to victims; the establishment of the volume of the corresponding budget allocation in the state budget; ensuring Ukraine’s participation in appropriate measures for the implementation of international protection principles for victims in the framework of UN, Council of Europe, European Union initiatives. It is noted that for the implementation of the Concept named by the Cabinet of Ministers of Ukraine on April 20, 2005, the Order «On Approval of the Plan of Measures to Implement the Concept for the Protection of the Legal Rights and Interests of Persons Victims of Crime for 2005–2006» was issued, which provided for organizational and legal measures to strengthen the protection of human rights, victims of crime, guarantees of its procedural rights and provision of compensation for damage through preparation and submission to the Verkhovna Rada of Ukraine for consideration of the draft Law of Ukraine «On regret harm to persons affected by crime». The main goal of the draft law was to increase the guarantees of the rights of citizens who have suffered from a crime by providing them with social assistance in the form of compensation for pecuniary damage at the expense of the state. The project determined the grounds and conditions, as well as established the order and amount of compensation at the expense of the state of pecuniary damage to individuals who have suffered from criminal attacks on their lives, health or property. It is emphasized that currently the only positive issue in this issue is the introduction into the CPC of Ukraine of novels on the reimbursement of damage to the victim of the State Budget of Ukraine in the event and in the manner prescribed by law. However, a special law, which would determine the grounds and the procedure for compensation for damage still does not exist. It is noted that the victim’s right to protect his rights and legitimate interests both in the Criminal Procedure Code of Ukraine and in other laws is unjustifiably narrowed, does not fully comply with the norms of the Constitution of Ukraine and international legal acts in the area of protecting the rights and legitimate interests of a person in criminal proceedings.

Authors and Affiliations

Pavlo Slobodyanyuk

Keywords

EP ID EP545785
DOI -
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