МОЖЛИВОСТІ ДОБРОВІЛЬНОГО ВІДШКОДУВАННЯ ШКОДИ ВІД КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ
Description
The article is devoted to defining the problems of voluntary compensation for damage caused by a criminal offense to the victim.
The study identified the types of voluntary compensation for damage from a criminal offense, which includes actions to eliminate the consequences of a criminal offense based on active remorse, based on agreements and in the form of private prosecution.
It has been established that the voluntary compensation provided for in the criminal procedural legislation defines the "voluntariness" of compensation (compensation) for damage to the victim and is the right of the suspect and/or the accused and not his duty.
Methods of voluntary compensation for damage from a criminal offense are systematized, namely: direct elimination of damage by the person who committed the criminal offense; compensation for the damage in kind; monetary compensation for the damage caused; repayment of the victim's expenses, which are related to the damage caused to him by the criminal offense.
It is proposed to supplement the Code of Criminal Procedure of Ukraine with a provision on the forms of compensation for damage, which include: depositing money into the deposit account of the court that will further consider this criminal proceeding; monetary compensation by a person who committed a criminal offense to the victim in the presence of an investigator, prosecutor with mandatory written confirmation.
The grounds for the court, according to which the condition of voluntary compensation will be considered fulfilled, are given.
The expediency of making changes to the Criminal Procedure Code of Ukraine regarding the possibility of compensation for damage on behalf of the suspect, the accused by any other natural or legal persons, which will contribute to quick and effective compensation of damage, has been proven.
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