- victim; criminal case; compensation to the victim; the principle of justice; access to justice; treatment with a claim.
- Pages 51-59
The article raises the issue of certain aspects of ensuring the right of the victim in compensation in the criminal proceedings for compensation for the damage caused by a crime. In particular, the procedural procedure of participation of the victim in the criminal trial proceedings in the cases when the last procedure of collection in his favor of the damage inflicted by the crime, including the non-material nature, was analyzed. The special attention to illumination of right for a victim is spared on redemption of all losses caused of creation, in relation to him, harmful terms, as result of illegal actions, that is one of important elements in constitutionally certain to the duty of the state according to and to providing of rights and freedoms of man. Also, the article critically analyzes the relevant procedural provisions of the legislation regarding the direct possibility of the victim's participation as a civil plaintiff in the criminal process, in particular the availability of financial conditions (the obligation to pay court fees in a specified case law), the correlation of such circumstances with the general principle of equity and access to justice. At the same time, the article outlines some aspects of the protection of the rights and legitimate interests of victims of crimes that are the subject of research and in scientific literature. In the course of the analysis of the mentioned issues concerning provision of the right of the victim to compensation for damage caused by a crime, the article proposes appropriate mechanisms which, with a high degree of probability, will ensure the creation of idealized conditions for building trust of each person that the violated right will be restored without unnecessary procedural delays.