Boikova M. Compensation for damages in a criminal procedure by way of bringing a civil claim by an attorney.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U002015

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

27-04-2016

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The dissertation examines a complex research of theoretical and practical problems of compensation for damages caused by a criminal offense or a crime by way of bringing a civil claim in criminal procedure by victims or attorneys-a representative of victim's interests. In the dissertation are analyzed legislation and main scientific proposals on compensation for damages caused by criminal offence. It is defined and improved the content and place of a civil claim in a criminal procedure, genesis of its formation is researched; it is defined the attorney's role - a representative of victim's interests in process of resolving questions that are connected with compensation for damages caused by the crime to victim; it is described alisting of means of such attorney's activity in this direction. Analyzed are international standards of compensation for damages to the individual victim and relevant proposals on necessity of adding corresponded changes to current legislation. It is researched the content of activity and attorney's role in process of resolving of questions that are connected with civil claim in procedures on human traffic; procedures where minors are the victims; procedures where damages are result of illegal actions of law enforcement authority, public prosecution office and courts themselves; and also during the resolving questions of compensation for damages to victims that have been justified. The result of the research is a substantiation of theory and development of proposals, recommendations that are directed to the improvement of criminal procedural legislation in force; and also of some recommendations in case of damage caused to victims in some categories of criminal procedure.

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