CIVIL LIABILITY IN CRIMINAL PROCEEDINGS

Abstract

The article examines the institution of civil liability in criminal proceedings in Ukraine. The authors analyze the legislative framework governing this legal institution and identify the main problems and shortcomings in law enforcement. Particular attention is paid to the issues of interaction between criminal and civil courts, as well as the effectiveness of mechanisms for protecting the rights of victims. The paper highlights the problems of legal uncertainty, bureaucratic obstacles and abuse by participants in the process, which impede proper compensation for harm. Based on the analysis, the author offers recommendations for improving legislation and law enforcement practice with a view to enhancing the effectiveness of civil liability in criminal proceedings.

The author establishes that a civil claim in criminal proceedings is a claim of an injured party which is filed during criminal proceedings and is aimed at compensation for property or non-property damage caused by a crime. A civil claim is filed by the victim or his or her legal representative within the framework of criminal proceedings and is considered by the court together with the criminal case, which allows for a comprehensive approach to resolving legal issues related to the crime. Such a claim may relate to both pecuniary damages (e.g., loss of property, medical expenses) and nonpecuniary damages (physical or psychological suffering, violation of personal non-property rights).

The author concludes that the effective implementation of civil liability in criminal proceedings is a prerequisite for ensuring justice and restoring the violated rights of victims. Improvement of legislation and law enforcement practice will contribute to the efficiency of justice in Ukraine and strengthen public confidence in the judicial system.