Compensation for damage caused by a criminal offense as a condition for implementing a criminal procedural compromise

Abstract

Until recently, the resolution of the conflict between the state and the criminal with the use of punitive measures was the main means of combating crime. The process of humanizing the criminal and criminal procedural legislation of Ukraine fundamentally changed the situation and caused the need to improve the criminal procedural form, introduce new institutions, the functioning of which will ensure the protection of the interests of society and the state.This was the reason why the subjects of the criminal process had the opportunity to resolve the criminal legal conflict by reaching a compromise and concluding an agreement. The corresponding norms were established by the Criminal Procedure Code of Ukraine. The main goal of such innovations is to simplify the court procedure and improve the efficiency of law enforcement agencies.The analysis of statistical data shows the active use of compromise in the practical activities of law enforcement agencies and the positive impact on the process of settling legal conflicts in criminal proceedings.But, despite the success and popularity of this institute, there are still a number of problematic issues, the emergence of which is due to the need to operate not only with the norms of criminal procedural legislation, but also with other branches of law - civil, civil procedural. We came to the conclusion that the legislative provisions of the specified normative acts are sometimes inconsistent, contradictory and require detailed regulation in the criminal procedural legislation. The legislative provisions of which are sometimes inconsistent and contradictory. This fully applies to issues of compensation for damage caused to the victim of a criminal offense, which is one of the conditions for the implementation of a criminal procedural compromise. Unfortunately, until now, neither the Civil, nor the Civil Procedure, nor the Criminal Procedure Codes of Ukraine, operating with the concept of “damage”, do not even establish its essence. This causes difficulties in law enforcement. In practice, the concept of “damage” is often identified with others, such as “damages”, “losses”, etc.But this concept is key and defining, as it provides an understanding of the specifics of the implementation of such a specific function of the criminal process, such as compensation for damage caused by a criminal offense, which is the activity of the subjects of the criminal process whose rights have been violated by an illegal encroachment and their representatives. This line of activity is aimed at restoring violated rights (material, non-material), interests of the victim or the state. This justifies the relevance of this study