Legal grounds for exercising the right to claim compensation for damages at the expense of the state by an individual who has suffered from a criminal offence (civil law aspect)

D. V.  Tymoshenko

doi:10.32631/pb.2023.4.05

D. V. Tymoshenko Kharkiv National University of Internal Affairs https://orcid.org/0000-0001-7008-7007

DOI: https://doi.org/10.32631/pb.2023.4.05

Keywords: damage, criminal offence, individual, obligation, grounds for compensation, conditions, liability, state budget.

Abstract

The article identifies the legal grounds for exercising by an individual the right to claim compensation for damage caused by a criminal offence at the expense of the State (the State Budget of Ukraine), and analyses and identifies the specific features of such legal grounds. It has been noted that for compensation of damage caused to a victim as a result of a criminal offence at the expense of the State Budget of Ukraine, the mere commission of a criminal offence as the basis for civil liability is not sufficient. Therefore, additional grounds are such legal facts as failure to identify the person who committed the criminal offence or if such a person is insolvent.

In addition, it has been noted that the right to compensation for damage to an individual who has suffered from a criminal offence arises from the moment when circumstances which make it impossible to compensate (reimburse) the damage by the person who caused it occur, and not from the moment when such damage is inflicted. The article clarifies the peculiarities of an individual's exercise of the right to compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine. Therefore, when determining the persons obliged to compensate for the damage caused by a criminal offence, it is important to distinguish between the person who actually caused the damage and the person who should compensate (reimburse) the damage (the State at the expense of the State Budget).

It has been stressed that the State is not liable for the damage caused by a criminal offence. This refers to the State’s obligation to compensate for the damage caused by a criminal offence, subject to certain legal facts. The conditions for imposing the obligation on the state (the State Budget of Ukraine) are as follows: the damage (property, physical (bodily), moral (non-property)) must be caused by a criminal offence to an individual, his/her family members or close relatives; the damage is a consequence of a criminal offence; the person who committed the criminal offence has not been identified (or the person has been identified but cannot be found); the person who caused the damage must be insolvent.

Ways to improve the mechanism of legal regulation of relations for compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine are proposed. The legal mechanism for compensation for damage caused by a criminal offence, with a view to ensuring the functions of civil liability, should be in the area of civil law regulation of relations for compensation for damage.

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Author Biography

D. V. Tymoshenko, Kharkiv National University of Internal Affairs

Candidate of Law.
Department of Civil Law and Procedure.

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