Journal article Open Access

Compensation for Damage during the Investigation of Fraud at Railway Transport Objects

O.O. Balatska

The article is devoted to the study of the issues of compensation for victims of fraud in the objects of railway transport. Determining the type and amount of damage inflicted by a criminal offense must necessarily be proved by the investigator during the investigation. In fact, this element of the subject of evidence is the only legal basis provided for in the Criminal Procedure Code of Ukraine, according to which proof is provided of all the circumstances necessary for the correct resolution of a possible civil action.

In case of fraud committed at railway facilities, the victim usually causes property damage. This kind of damage has the ability to be precisely established and expressed in cash equivalents. In necessary cases, to determine the amount of damage to appoint an examination, even though the cost of conducting it may be higher than the cost of the subject of a criminal offense.

Regarding the problem of moral harm, cases where a person who has suffered from fraud in the objects of railway transport, has filed a motion for its compensation, in fact, there are no. One of the reasons for this phenomenon is that during the pre-trial investigation the victim does not explain what kind of harm can be inflicted on him and which of them can be compensated during the criminal proceedings.

The mechanism of compensation for material losses caused by illegal activity, as provided for by the current Criminal Procedure Code of Ukraine, includes: petition for the investigating judge on the arrest of property temporarily seized from the suspect and other property, in particular, deposits belonging to him on the right of ownership; restitution as a return of property to legal possession; Compensation as payment of the cost of destroyed or damaged things. The article deals with the features of each of these methods of compensation for damage during the commission of fraud in the objects of railway transport.

 

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