The dissertation is devoted to studying the essence of the institution of pre-trial compensation for damage, determining its content, and analyzing international legislative acts regulating the procedure for restoring the rights of victims violated by a crime or misdemeanor. The paper notes that pre-trial compensation for damage caused by a crime is a form of protecting the rights of individuals and legal entities before the court and criminal prosecution. Regardless of which law was violated, the state guarantees its restoration (compensation).
Having studied the opinion of procedural scientists on the expediency of filing a civil claim at the pre-trial stage, it was established that there are objective grounds for filing such a claim in criminal proceedings. The law gives the victim of a crime the right to file a civil claim in criminal proceedings or file a civil claim. An analysis of foreign criminal procedure legislation shows that the procedure for joint consideration of complaints of victims and criminal prosecution of accused persons is typical for criminal proceedings in many states.
In the course of our research, we have developed international legislation aimed at protecting the rights of victims. It was established that according to international legal instruments, everyone has the right to restore their rights not only by resolving this issue at the national level, but also by applying to international authorities. Ukraine has recognized international regulatory documents as part of its legal system. Law enforcement agencies and courts are obliged, in particular, to comply with international agreements, the consent to the obligations of which was granted by the Verkhovna Rada of Ukraine, at the pre-trial and judicial stages of a criminal case.
Judicial practice has shown that the lack of clarity in criminal proceedings regarding the resolution of claims for compensation to victims has led to the widespread application of international law in this area.
It should be noted that all the consequences of crimes that cause certain harm can be divided into two types of benefits that negatively affect victims as a result of committing socially dangerous criminal acts.
In the first case, the crime concerns material goods, and the victims suffered material damage. In the second case, criminal actions cause damage to intangible property (health, human life, mental state, etc.). As a result of committing a crime, victims cause physical, moral and material damage.
Analysis of the content of the national scientific literature has shown that the greatest attention is paid to compensation for material damage. According to the results of the survey, it was found that in the activities of investigators and investigators there are difficulties in resolving the issue of compensation for physical damage – 39.5 %, moral damage – 50.3 % and property damage – 10.2 %.
It is specified that effective and effective protection of victims of crimes is impossible without the application of specific measures, starting from the moment when it became known about the crime or misdemeanor.
It seems reasonable and logical that such a quantitative criterion as the amount of compensation in the pre-trial procedure is a significant indicator of the work of investigators, inquirers and other participants in the pre-trial investigation.
Reasoned position that a causal link between the offence committed and the damage caused should be established as soon as possible after receiving a report of the offence. At the same time, in order to protect the rights and legitimate interests of a person who has suffered harm as a result of a crime, it is necessary to assign him the status of a victim as soon as possible, that is, at the initial stage of the preliminary investigation, and this will force authorized persons to establish the circumstances of causing harm at the stage of entering information in the unified state register of legal entities, and in some cases before entering them.
It is noted that the main way to determine the nature and amount of damage are procedural and investigative actions (search), such as temporary access to things and documents (seizure), search, interrogation, appointment and conduct of a forensic medical examination.
The conclusion is justified that in case of causing property damage as a result of a crime, it is advisable to appoint and conduct forensic economic, commodity science, forensic, technical and other examinations.
It is indicated that the forms of pre-trial compensation for material damage caused by a criminal act are voluntary compensation in a pre-trial procedure and mandatory compensation, which is achieved by searching, seizing and returning property or funds to their rightful owners.
