Sirotkina M. Institution of Moral Damage in the Criminal process of Ukraine,

The dissertation is devoted to a research into a complex of theoretical and practical problems of realization of the institute of the moral damage in the criminal process of Ukraine. The legal nature of the right to a compensation for the moral damage caused by a crime in the criminal process and changes of the procedural form are analyzed within the theoretical aspect of the work. In order to overcome the practical problems it has been found out that strengthening of a victim's right to the compensation for a moral damage caused to him/her by a crime in the criminal process of Ukraine has facilitated an integration of the criminal-procedural and civil-procedural forms which in its turn has had an influence on the form of application to the Court and the burden of proof according to which the person suffering the damage has to prove the fact of the damage and its nature. Suggestions concerning supplementing and amending particular provisions of the current laws and a project of a new Procedural Criminal Code of Ukraine have also been substantiated and formulated. They are aimed at strengthening the rights and legally protected interests of individuals which is a task of the native criminal procedure.