Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings
The problematic issues of guaranteeing compensation of property and personal non-property rights (moral damage) to victims within criminal proceedings have been studied. The author has analyzed international and legal acts, national criminal, criminal procedural and civil legislation, law-enforcemen...
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| Format: | Article |
| Language: | English |
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Kharkiv National University of Internal Affairs
2021-03-01
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| Series: | Law and Safety |
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| Online Access: | http://pb.univd.edu.ua/index.php/PB/article/view/455 |
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| _version_ | 1832573382212714496 |
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| author | O. O. Yukhno |
| author_facet | O. O. Yukhno |
| author_sort | O. O. Yukhno |
| collection | DOAJ |
| description | The problematic issues of guaranteeing compensation of property and personal non-property rights (moral damage) to victims within criminal proceedings have been studied. The author has analyzed international and legal acts, national criminal, criminal procedural and civil legislation, law-enforcement and court practice generalized by the Supreme Court of Ukraine concerning the legal bases and procedural duty of guaranteeing the civil claim to the victim within criminal proceedings by the interrogator, investigator and prosecutor, when the victim suffered material and moral damage caused by the crime and misdemeanor. The author has studied the issue of the genesis and introduction into the national criminal procedural legislation of the provisions on guaranteeing and implementing personal non-property rights (moral damage) by victims. A number of inconsistencies, gaps and shortcomings of the current criminal, criminal procedural and civil legislation on the specified issues, in particular taking into account the existing new market legal relations in society, which prevents effective and reliable compensation for damage to both individuals and legal entities. On this basis, the author has provided specific suggestions and recommendations for its improvement. The scientific views of scholars and representatives of scientific schools on theoretical issues, the existing legal and procedural mechanism for compensation for material and moral damage to the victim within criminal procedure of Ukraine, as well as on determining the definition of “providing compensation to the victim”. The author of the article has presented own vision of the specified problematic issues. |
| format | Article |
| id | doaj-art-cd13c63e79b549e4984c374ab99a0f2b |
| institution | Kabale University |
| issn | 1727-1584 2617-2933 |
| language | English |
| publishDate | 2021-03-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Law and Safety |
| spelling | doaj-art-cd13c63e79b549e4984c374ab99a0f2b2025-02-02T04:31:11ZengKharkiv National University of Internal AffairsLaw and Safety1727-15842617-29332021-03-0180118018710.32631/pb.2021.1.25455Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal ProceedingsO. O. Yukhno0Kharkiv National University of Internal AffairsThe problematic issues of guaranteeing compensation of property and personal non-property rights (moral damage) to victims within criminal proceedings have been studied. The author has analyzed international and legal acts, national criminal, criminal procedural and civil legislation, law-enforcement and court practice generalized by the Supreme Court of Ukraine concerning the legal bases and procedural duty of guaranteeing the civil claim to the victim within criminal proceedings by the interrogator, investigator and prosecutor, when the victim suffered material and moral damage caused by the crime and misdemeanor. The author has studied the issue of the genesis and introduction into the national criminal procedural legislation of the provisions on guaranteeing and implementing personal non-property rights (moral damage) by victims. A number of inconsistencies, gaps and shortcomings of the current criminal, criminal procedural and civil legislation on the specified issues, in particular taking into account the existing new market legal relations in society, which prevents effective and reliable compensation for damage to both individuals and legal entities. On this basis, the author has provided specific suggestions and recommendations for its improvement. The scientific views of scholars and representatives of scientific schools on theoretical issues, the existing legal and procedural mechanism for compensation for material and moral damage to the victim within criminal procedure of Ukraine, as well as on determining the definition of “providing compensation to the victim”. The author of the article has presented own vision of the specified problematic issues.http://pb.univd.edu.ua/index.php/PB/article/view/455provisiona victiman investigatoran interrogatora prosecutorproperty rightspersonal non-property rightsmaterial damagemoral damagea crimea criminal offensereimbursementcompensationcivil claimpropertycriminal proceedings |
| spellingShingle | O. O. Yukhno Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings Law and Safety provision a victim an investigator an interrogator a prosecutor property rights personal non-property rights material damage moral damage a crime a criminal offense reimbursement compensation civil claim property criminal proceedings |
| title | Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings |
| title_full | Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings |
| title_fullStr | Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings |
| title_full_unstemmed | Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings |
| title_short | Problematic Issues of Guaranteeing Property and Personal Non-Property Rights of Victims within Criminal Proceedings |
| title_sort | problematic issues of guaranteeing property and personal non property rights of victims within criminal proceedings |
| topic | provision a victim an investigator an interrogator a prosecutor property rights personal non-property rights material damage moral damage a crime a criminal offense reimbursement compensation civil claim property criminal proceedings |
| url | http://pb.univd.edu.ua/index.php/PB/article/view/455 |
| work_keys_str_mv | AT ooyukhno problematicissuesofguaranteeingpropertyandpersonalnonpropertyrightsofvictimswithincriminalproceedings |