Teoretical basis for the study of reparation by the state physical person, the victim of a criminal offence

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Teoretical basis for the study of reparation by the state physical person, the victim of a criminal offence

Journal Title: Проблеми законності - Year 2016, Vol 133, Issue 133

Abstract

Theoretical aspects of harm caused a criminal offence, that is, damage that is the basis for the adoption of measures to ensure reparation to the victim, in the science of civil procedural law received significant attention. However, despite the serious scientific elaboration of this problem and its issues, still have a lot of issues that are still insufficiently study, while they are essential for the theory of civil law. Analysis of recent research gives reason to believe that the affected problems has been the subject of research by scholars such as G. A. Atanesyan, S. P. Golubyatnikov, B. T. Bezlepkin, M. I. Goshovsky, O. I. Kuchinska, V. T. Nor, and others. However, the update of the regulatory material, in particular amendments to the Civil code of Ukraine, adoption of the new Criminal procedural code of Ukraine, can not affect scientific and practical interest in the conditions of modernity. Civil-legal nature of compensation of property harm involves understanding it as an object of tort obligations, which it is in civil law. In the legal literature there are two opposite positions of the scholars on this issue. Civil legislation proceeds from the principle of full compensation for losses. The concept of property damage caused by a criminal offence to the victim, covers: 1) caused by a criminal offence the face of a direct, imminent harm to his property and in monetary terms; 2) loss due to criminal offence, and income; 3) evaluated in monetary terms, the cost of treatment, prosthetics, restoration of health of the victim, and in case of his death, burial and payments for the maintenance of physical well-being and education of the disabled family members of the victim and their minor children; 4) the funds spent by state or municipal health protection institution on hospitalization of the person injured from the criminal offence. In summary clarification of the concept of property damage caused by a criminal offence, we distinguish three varieties: 1) major property damage, the infliction of which the law binds the criminal liability for the Commission of acquisitive crime offences (first of all, the size of the stolen property); 2) related property damage, which occurs in case of damage or destruction of various objects in the environment designated criminal offence, or damage to the clothing of the crime victim or his clothing (e.g., broken glasses, shabby clothes, broken canes during the robbery or the robbery, and the like); 3) non-received income (lost profit). Оrmation in Ukraine of the Institute of compensation of harm caused a criminal offence, consistent with the General trends of harmonization of domestic legal system with the legal framework of the European Union. Part of international documents that regulate the right to compensation of harm caused by the crime are ratified by Ukraine and have become part of domestic legislation.

Authors and Affiliations

Наталія Хмельова

Keywords

state; victim; crime; damage; compensation

EP ID EP173925
DOI 10.21564/2414-990x.133.65081
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