Research Article
Andrii Lapkin, Volodymyr Maryn
Abstract
Purpose: The article is devoted to the economic and legal aspects of compensation for damage caused by an offense using an example of Ukraine. The purpose of this scientific article is to determine the main ways and mechanisms of compensation to the victim of damage caused by an offense, as well as to find promising avenues for increasing the economic effect of such compensation. Methodology: The research methodology is based on the results of scientific studies of national (Ukrainian), and European scientists on the issues of compensation for damage caused by an offense. To substantiate the completeness and reliability of their own results, the authors used the method of dialectics, method of scientific synthesis and analysis, economic and legal modeling method, comparison method, method of forecasting and others. Results: The study allowed comparing different ways of compensation for damage caused by an offense, including voluntary and compulsory compensation based on a review of international standards, current legislation of Ukraine and some draft laws. As part of compulsory compensation the compensation for damage caused by an offense by means of a civil claim in criminal proceedings, as well as compensation for such damage at the state’s expense were studied. Positive and negative aspects of each of the means of compensation for damage caused by an offense were analyzed. The obtained results shows that positive social and economic effect will have the model in which the state will guarantee victims full and timely compensation of damage caused by an offense by combining various means of compensation. This article draws a conclusion that the principle of compulsory compensation to the victim of damage caused by an offense should be incorporated into legislation, which will reflect the obligation of the State to provide full compensation for damage in each case of committing an offense.