Stebelev A. Legal regulation of damages reimbursement (compensation) in criminal proceedings Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U001464

Applicant for

Specialization

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

01-03-2020

Specialized Academic Board

К 64.051.30

V.N. Karazin Kharkiv National University

Essay

Object of the study: public relations arising during the application of regulatory provisions for damages reimbursement (compensation) in the Ukrainian criminal process. Objective: to identify gaps in the provisions of the CPC regulating the features of the forms and procedural order of damages reimbursement (compensation) in the criminal process, and to develop proposals and recommendations aimed at improving this activity. Methods: general and special methods of cognition, in particular, such as dialectical, comparative legal analysis, sociological, formal-logical, system-structural, etc. Theoretical and practical results, scientific novelty: the procedural status of another property owner in the criminal process of Ukraine; the creation of the State Fund for Assistance to Victims of Violent Crimes was proposed; the proce-dural status of the civil plaintiff, the civil defendant and their representatives has been improved, as well as the provision on the possibility of presenting a civil claim to the victims in oral form if they are not able to personally file a statement of claim (is in a medical institution, business trip, because their financial situation does not allow to invite an attorney, etc.), what the investigator should draw up a protocol about; further proposals were developed for withdrawing cash in electronic declarations of civil servants with a view to securing civil action and reimbursement of damage if they committed a criminal offense. Practical significance: the results obtained can be used in the research area to further develop provisions related to the procedural order of damages reimbursement (compensation) in criminal proceedings; in the sphere of lawmaking for further improvement of the existing criminal procedural legislation of Ukraine. Sphere of use: in teaching and methodical work for teaching the academic disciplines «Criminal process» and «Modern problems of the criminal process», separate applied academic disciplines of a legal nature, as well as in the preparation of textbooks, teaching aids and other educational literature on these disciplines.

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