Journal article Open Access

Regarding Reforming of the Institute Dealing with Compensation of Damages Caused by Illegal Decisions, Acts or Omissions to Act of the Investigator, Prosecutor During Criminal Proceeding

B.D. Trofimov

The article investigates amendments to the Criminal Procedure Code of Ukraine which were submitted by the Law of Ukraine No. 2548-VIII of 18.09.2018 ‘On Amendments to the Criminal Procedure Code of Ukraine Regarding Improvement of Ensuring the Rights of the Parties to Criminal Proceeding and Other Persons by Law Enforcement Agencies during Pre-Trial Investigation’ regarding their reasonability to settle the relevant sphere of legal relationship. Attention has been drawn to the amended version of Art. 130 of the Criminal Procedure Code as well as to the compliance of this norm with similar prescriptions of the national legislation. It has been analyzed how the relevant procedures against the investigator and prosecutor if they caused damage being later compensated by the state to the parties of criminal proceedings were regulated. A new provision is evaluated according to its complexity and ability to ensure real effective regulation of the relevant sphere of legal relationships. The author proposes his own developments regarding systematical regulation of the relevant sphere of legal relationships as well as implementation of other provisions of substantive and procedural law. Provisions of an explanatory note to the Draft Law No. 8490 of 18.06.2018 ‘On Amendments to Some Legislative Acts of Ukraine Regarding Improvement of Ensuring the Rights of the Parties to Criminal Proceeding and Other Persons by Law Enforcement Agencies during Pre-Trial Investigation’ regarding necessity to adopt the Law of Ukraine No. 2548-VIII of 18.09.2018. The author also proposes his own draft materials on possible development of the institute of compensation of damages caused by governmental officials. 

Files (537.2 kB)
Name Size
trofimov_68.pdf
md5:c2b0b821b8cf8776b8db25b13e98186b
537.2 kB Download
2
2
views
downloads
All versions This version
Views 22
Downloads 22
Data volume 1.1 MB1.1 MB
Unique views 22
Unique downloads 22

Share

Cite as