The Shevchenkivskyi District Court of Lviv considered in an open court session in the courtroom in Lviv a civil case based on a claim filed by PERSON_1 to the State Treasury Service of Ukraine, the Lviv Regional Prosecutor's Office for compensation for damage caused to a citizen by the illegal actions of bodies carrying out operational and investigative activities, bodies of pre-trial investigation, the prosecutor's office and the court
set up:
On April 16, 2020, PERSON_1 filed a lawsuit against the State Treasury Service of Ukraine, the Lviv Regional Prosecutor's Office for compensation for the damage caused to a citizen by the illegal actions of investigative bodies, pre-trial investigation bodies, the prosecutor's office and the court, in which, taking into account the statement of clarifying the claims, the court asks the court to make a decision to collect from the State Treasury Service of Ukraine in favor of the plaintiff PERSON_1 moral damage caused by the illegal actions of the pre-trial investigation bodies, the prosecutor's office and the court in the amount of UAH 1,000,000.00 and material damage caused by the illegal actions of the pre-trial investigation bodies, the prosecutor's office and the court in the amount of UAH 140,774.94.
The substantiation of the specified claims is based on the fact that on April 26, 2017, in the premises of the Shevchenkiv VP of the GU NP in the Lviv region, INDIVIDUAL_1 was detained by the employees of the SBU in the Lviv region together with the employees of the Prosecutor's Office of the Lviv region on suspicion of committing a criminal offense, provided for in Part 3 of Art. 368 of the Criminal Code of Ukraine.
On April 27, 2017 PERSON_1 to the senior investigator of the second investigative department of the Prosecutor's Office of the Lviv region, 1st class lawyer Stefaniv R.M. Suspicion has been declared in the criminal proceedings entered into the EYDR under No. 42017140000000134 dated April 21, 2017, on the grounds of a criminal offense provided for in Part 3 of Article 368 of the Criminal Code of Ukraine.
Subsequently, the senior investigator of the Prosecutor's Office of the Lviv Region Stefaniv R., with the approval of the Prosecutor of the Prosecutor's Office of the Lviv Region, applied to the court with a request to choose a preventive measure in the form of detention of PERSON_1 .. By the decision of the investigative judge of the Halytsky District Court of the city of Lviv, PERSON_1 was chosen as a preventive measure measure in the form of detention with detention in the Lviv pre-trial detention center of the UDPtSU in the Lviv region. On the basis of Part 3 of Article 183 of the Criminal Procedure Code of Ukraine, the amount of the deposit is determined in the amount of 30 amounts of the subsistence minimum for able-bodied persons – 48,000 (forty-eight thousand) hryvnias.
In addition, on the basis of the decision of the investigative judge of the Halytsky District Court of Lviv, at the request of the senior investigator of the SU of the Prosecutor's Office of the Lviv Region, R. Stefaniv, with the approval of the prosecutor of the Prosecutor's Office of the Lviv Region, the suspect PERSON_1 was removed from the position of acting deputy chief of the Shevchenkiv VP – chief of the criminal police department of the National State Administration of Ukraine in the Lviv region.
Subsequently, on the basis of a series of rulings of the investigative judge of the Halytsky district court of Lviv, and subsequently of the judge of the Shevchenkivskyi district court of Lviv, in order to ensure the proper procedural conduct of the accused, the court granted the prosecutor's request to extend the term of the preventive measure in the form of a personal bond suspension and removal from office, which ended on March 30, 2019, according to the court decision of January 10, 2019.
On August 22, 2017, the Shevchenkiv District Court of Lviv received an indictment in criminal proceedings No. 42017140000000134, according to which PERSON_1 is accused of committing a criminal offense provided for in Part 3 of Article 368 of the Criminal Code of Ukraine.
By decision of the Shevchenkiv District Court of Lviv dated November 27, 2019, in case No. 466/6101/17 (proceedings 1-kp/466/82/19), criminal proceedings entered in the Unified Register of Pretrial Investigations under No. 42017140000000134 dated April 21, 2017. on the indictment of PERSON_1, under part 3 of article 368 of the Criminal Code of Ukraine, closed on the basis of part 2 of part 2 of article 284 of the Criminal Code of Ukraine, in connection with the prosecutor's refusal to maintain the state prosecution.
Such a refusal to support the state prosecution is caused by not establishing sufficient evidence to prove the person's guilt in court and by exhausting the possibilities to obtain it.
The decision was not contested by anyone and became legally binding.
In view of the refusal of the indictment, PERSON_1's stay under investigation and trial from April 27, 2017 to November 27, 2019 (2 years, 7 months and 1 day – 31 months) is illegal, and such actions by the pre-trial investigation authorities caused significant moral damage . Therefore, the plaintiff indicates that such damage should be compensated at the expense of the state based on the following.
During the period of removal from office, being under investigation on a falsified charge of committing a crime, provided for in Part 3 of Article 386 of the Criminal Code of Ukraine, being under constant psychological pressure, the plaintiff's health deteriorated significantly due to constant illegal persecution. He was forced to consult a neurologist, a cardiologist and take medication.
In addition, PERSON_1, in connection with the deterioration of his health, was on inpatient treatment at the "TMO of the Ministry of Internal Affairs of Ukraine in the Lviv region" on several occasions, in the time period 1) November 11-21, 2019; 2) May 2-17, 2019; 3) May 31 – June 15, 2018; 4) January 11-30, 2018; 5) December 20, 2017 – January 5, 2018; 6) October 30 – November 14, 2017 due to deterioration of heart health and hypertension.
As a result of changes in his daily life (calls for interrogations at the prosecutor's office and numerous court hearings), due to his removal from office, he could not carry out any activity to generate income and maintain and provide for his family at an appropriate level. In addition, relations in the family and with others worsened. He lost authority among friends and acquaintances.
He also notes that PERSON_1 received a state award a week before his arrest, one of the highest honors for an operational police officer – an award pistol. Such an award is recommended in exceptional cases.
In order to restore his spoiled reputation, he was forced to turn to law enforcement agencies, but he was unlawfully refused to fulfill the requirements, and the criminal case regarding the provocation of a bribe was initially refused to be opened, and then, after a court decision on the obligation to submit information to ЕРДР, from unknown reasons was closed.
After being reinstated in the ranks of law enforcement agencies in connection with the end of suspension, during the period from March 2019 to December 2019, he solved 23 crimes, searched for 5 people, made 8 operational contacts, which gives reasons to indicate his rather high level of knowledge and skills as operative and police officer in general.
In addition, the case regarding PERSON_1 gained significant public resonance, it was repeatedly covered in the mass media and via the Internet. The situation regarding the accusation of him in a criminal offense significantly affected the plaintiff's reputation as a police officer.
Based on the above, not only the plaintiff suffered significant moral damage, but also his family. During the period of illegal removal from the position in the service of PERSON_1, his wife, PERSON_3, being under constant psychological pressure at the workplace from colleagues, was forced to resign from a highly paid position at the Lviv District Administrative Court. In connection with the dismissal of the wife, as well as the illegal removal of the plaintiff from his position, no financial income for the maintenance and living of the family was foreseen. This circumstance caused significant moral and material damage to the future life of the family.
Also, due to the fact that this case gained significant publicity, the minor daughter of the plaintiff, PERSON_4, who was bullied and teased by classmates and other students at school, was constantly discussed among teachers, etc., also suffered. This caused psychological pressure on the child, which was expressed in the unwillingness of the latter to attend and study at school. The plaintiff was forced to transfer his daughter to another educational institution, which is confirmed by the certificate of secondary comprehensive school No. 23 dated November 9, 2020, which certifies the fact that PERSON_4 is currently receiving secondary general education at the above-mentioned educational institution since June 10, 2019.
As a result of significant changes in daily life (calls for interrogations at the prosecutor's office and numerous court hearings), as a result of removal from office, relations in the family and with others deteriorated. The plaintiff lost authority among friends and acquaintances. Relations with the neighbors from the house where the plaintiff's family lived especially worsened. It is worth noting that there was no permanent income for living, both from PERSON_1 and his wife. Accumulated and saved money eventually ran out, the last months of living were difficult, because there were not enough savings to pay for utilities and food.
On this basis, PERSON_1, together with his wife and daughter, was also forced to change his place of permanent residence. According to the sales contract dated July 25, 2019, the plaintiff sold the apartment located at the address: ADDRESS_1 in order to further provide for the family, but there were not enough funds to buy a new apartment. Considering the above, the mother-in-law of PERSON_1, PERSON_5, provided the plaintiff with her apartment located in another district of the city for temporary residence in the apartment. Mother-in-law purchased an apartment in 2018 at ADDRESS_2. At the moment, the plaintiff and his family are temporarily staying at the address indicated above.
According to Article 55 of the Constitution of Ukraine, everyone is guaranteed the right to appeal in court decisions, actions or inaction of state authorities, local self-government bodies, officials and officials.
Article 56 of the Constitution of Ukraine provides that everyone has the right to compensation at the expense of the state or local self-government bodies for material and moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and officials in the exercise of their powers.
Damage caused to a citizen as a result of an illegal notification of suspicion of a criminal offense, illegal seizure and detention, illegal search during criminal proceedings and other procedural actions that limit the rights of citizens is subject to compensation on the basis of the Law of Ukraine "On the Procedure for Compensation of Damage, inflicted on a citizen by the illegal actions of bodies carrying out operative and investigative activities, bodies of pre-trial investigation, the prosecutor's office and the court"
Clause 2 of Article 2 of the Law of Ukraine "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operative-Investigative Activities, Pretrial Investigation Bodies, the Prosecutor's Office and the Court" establishes that the right to compensation for damage arises, in particular, in the case of closing criminal proceedings not establishing sufficient evidence to prove a person's guilt in court and exhausting opportunities to obtain it.
That is, the prosecutor refused the state indictment precisely on the grounds of insufficient evidence to prove the plaintiff's guilt in court. Such a ground is rehabilitative in its essence and is provided for in Clause 2, Part 1, Art. 2 of the Law "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operational-Investigative Activities, Pretrial Investigation Bodies, Prosecutor's Office and Court" as a basis for compensation for damage.
A similar legal position is set forth in the Supreme Court Resolution dated April 24, 2019, case No. 613/158/17.
According to clause 3 of the Resolution of the Plenum of the Supreme Court of Ukraine No. 4 dated 31.03.1995 "On judicial practice in cases of compensation for moral (non-pecuniary) damage", moral damage should be understood as losses of a non-pecuniary nature as a result of moral or physical suffering, or other negative phenomena , caused to a natural or legal person by illegal actions or inaction of other persons.
According to Clause 5 of Art. 3 of the Law of Ukraine "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operational-Investigative Activities, Pre-Trial Investigation Bodies, the Prosecutor's Office and the Court", the citizen is compensated for moral damage.
According to paragraph 17 of the Regulations on the Application of the Law of Ukraine "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Investigation, Preliminary Investigation, Prosecutor's Office and Court", approved by the Order of the Ministry of Justice of Ukraine, the General Prosecutor's Office of Ukraine and the Ministry of Finance of Ukraine dated 03.04.1996, moral suffering caused to a citizen as a result of physical or mental impact is recognized as damage.
According to Art. 23 of the Civil Code of Ukraine, a person has the right to compensation for moral damage caused as a result of violation of his rights.
Part 2 of Article 1167 of the Civil Code of Ukraine states that non-pecuniary damage is compensated regardless of the fault of the state authority that caused it if damage is caused to a natural person as a result of his illegal conviction, illegal prosecution, illegal application of a preventive measure, illegal detention, illegal imposition of administrative enforcement in the form of arrest or corrective works.
Pursuant to the provisions of parts six and seven of Article 1176 of the Civil Code of Ukraine, damage caused to a natural or legal person as a result of another illegal action or inaction or illegal decision of a body carrying out operational and investigative activities, a pre-trial investigation body, the prosecutor's office or a court shall be compensated on general grounds.
In connection with the above, taking into account all the circumstances, significant moral damage was caused to PERSON_1, his wife and daughter, the plaintiff estimates the moral damage, in accordance with the above-mentioned norms of the current legislation, in the amount of 1,000,000.00 (one million) hryvnias.
Regarding the assignment of material damage, the plaintiff indicates that on April 26, 2017, in the premises of the Shevchenkiv VP of the GU NP in the Lviv region, PERSON_1 was detained by the SBU employees in the Lviv region together with the employees of the Prosecutor's Office of the Lviv region on suspicion of committing a criminal offense provided for in part 3 of article 368 of the Criminal Code of Ukraine .
At the time of detention and removal from office, PERSON_1 held the position of temporary acting deputy chief of the Shevchenkiv VP – chief of the criminal police department of the GU NP in Lviv region.
As can be seen from archival information No. 1 for the period from January 2017 to December 2017, No. 1 for the period from January 2018 to December 2018 and No. 1 for the period from January 2019 to December 2019, PERSON_1 in the period from January to April 2017 inclusive, he received 10,390.11 hryvnias per month, and from May 2017 to the time of his reinstatement (March 30, 2019) he received only a salary of 6,530.33 hryvnias.
Thus, in connection with the illegal actions of law enforcement agencies, PERSON_1 did not receive at least 3,859.78 hryvnias per month for 23 months, which in turn amounts to 88,774.94 (eighty-eight thousand seven hundred and seventy-four) hryvnias.
In addition, in connection with the persecution by law enforcement agencies, PERSON_1 was forced to turn to the lawyer O. V. Yatsyshin for help. and conclude an agreement on the provision of legal assistance by a lawyer.
In accordance with the concluded agreements, PERSON_1 for the period from April 2017 to December 2019 incurred expenses for legal assistance in the amount of 26,000.00 hryvnias at the stage of pre-trial investigation and 26,000.00 hryvnias at the stage of judicial investigation, which amounts to a total of 52 000, 00 hryvnias. Therefore, the plaintiff estimates the material damage caused by the illegal actions of pre-trial investigation bodies, the prosecutor's office and the court in the amount of UAH 140,774.94. Taking into account the above, requests to satisfy the claim.
In the court session, the plaintiff PERSON_1 and the plaintiff's representative, lawyer Yatsyshin O.V. specified claims were supported in full, referring to the circumstances specified in the claim. They asked to satisfy the claim.
The defendant's representative of the Lviv Regional Prosecutor's Office denied the claim at the court hearing, supporting the written response attached to the case file. He asked to reject the claim.
The representative of the State Treasury Service of Ukraine did not appear again at the court session for reasons unknown to the court, although he was duly informed about the time and place of the hearing of the case, he sent a written response, attached to the case materials, in which he asked to reject the claim.
After listening to the explanations of the parties, witnesses PERSON_6, PERSON_7, PERSON_8, examining the evidence collected in the case, clarifying the actual circumstances of the case, the court comes to the conclusion that the claim is subject to partial satisfaction on the following grounds and motives.
According to the provisions of Article 4 of the Civil Code of Ukraine, every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or contested rights, freedoms or legitimate interests.
In accordance with the requirements of Part 1 of Article 13 of the Civil Procedure Code of Ukraine, the court considers cases only upon the person's appeal submitted in accordance with this Code, within the limits of the claims made by the person and on the basis of the evidence submitted by the parties to the case or demanded by the court in the cases provided for by this Code.
According to Article 3 of the Constitution of Ukraine, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Human rights and freedoms and their guarantees determine the content and direction of state activity. The state is responsible to the people for its activities. Affirmation and provision of human rights and freedoms is the main duty of the state.
The International Covenant on Civil and Political Rights (Part 5 of Article 9, Part 6 of Article 14), the Declaration of the Rights and Freedoms of Man and Citizen (Article 38), the Convention for the Protection of Human Rights and Fundamental Freedoms (Part 5 of Article 5) provide that everyone, who has become a victim of arrest, detention, conviction, has the right to compensation.
According to Article 56 of the Constitution of Ukraine, everyone has the right to compensation at the expense of the state or local self-government bodies for moral damage caused by illegal decisions, actions or inaction of state authorities, local self-government bodies, their officials and officials in the exercise of their powers. The Constitution of Ukraine declares that the state is responsible to people for its activities (Article 3).
Damages shall be compensated at the expense of the state in the event of establishing the fact that such damage was caused by illegal decisions, actions or inaction of the state authorities.
Legal relations regarding compensation for material and moral damage are regulated by the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine) and special legislation.
In accordance with Article 22 of the Civil Code of Ukraine, a person who has suffered damages as a result of a violation of his civil rights has the right to compensation. Damages according to the second part of this article are losses that a person has suffered in connection with the destruction or damage of a thing, as well as expenses that a person has made or must make to restore his violated right (real damages), income that a person could realistically receive under normal circumstances, if her right had not been violated (forgotten benefit).
Part one of Article 1166 of the Civil Code of Ukraine stipulates that property damage caused by unlawful decisions, actions or inaction to the personal non-property rights of an individual or legal entity, as well as damage caused to the property of an individual or legal entity, shall be compensated in full by the person who caused it.
According to parts one and two of Article 23 of the Civil Code of Ukraine, a person has the right to compensation for moral damage caused as a result of violation of his rights. Moral damage consists, in particular, in mental suffering, which an individual suffered in connection with illegal behavior towards himself, his family members or close relatives.
According to the provision of the first part of Article 1167 of the Civil Code of Ukraine, moral damage caused to a natural or legal person by unlawful decisions, actions or inaction shall be compensated by the person who caused it, in the presence of his fault, except for the cases established by the second part of this article.
In accordance with the general principles of civil liability, the following are subject to mandatory clarification when resolving a dispute about compensation for moral (non-property) damage: the presence of such damage, the illegality of the act of its perpetrator, the presence of a causal connection between the damage and the illegal act of the perpetrator and the fault of the latter in its occurrence.
Special grounds for liability for damage caused by a state authority, in particular by bodies of inquiry, preliminary (pre-trial) investigation, prosecutor's office or court, are defined by Article 1176 of the Civil Code of Ukraine. These grounds are characterized by the peculiarities of the subject composition of the perpetrators of harm, among whom the legislator singles out officials or officials of the body that carries out operational and investigative activities, bodies of pre-trial investigation, the prosecutor's office or the court, and a special way of causing harm. The totality of these conditions is the basis for imposing civil liability for the damage on the state.
Damage caused by illegal decisions, actions, or inaction of a body carrying out operational investigative activities, an investigation, a prosecutor's office, or a court, is compensated by the state only in cases of illegal actions, the exhaustive list of which is covered by the first part of Article 1176 of the Civil Code of Ukraine, namely: in the case of illegal conviction, illegal bringing to criminal responsibility, illegal use of a preventive measure, illegal detention, illegal imposition of an administrative penalty in the form of arrest or correctional works.
In the absence of grounds for the application of the first part of Article 1176 of the Civil Code of Ukraine, in other cases of damage caused by these bodies, the rules of part six of this article apply – such damage is compensated on general grounds, that is, based on the general rules on compensation for damage caused by a body of state power, their officials and officials persons (Articles 1173, 1174 of this Code).
The European Court of Human Rights (hereinafter referred to as the ECtHR) observes that when it comes to matters of general interest, in particular, if the case affects such fundamental human rights as property rights, state authorities must act in a timely and appropriate and as consistent manner as possible . In particular, state bodies are obliged to introduce internal procedures that will increase the transparency and clarity of their actions, minimize the risk of errors and contribute to legal certainty in civil legal relations that affect property interests (RYSOVSKYY v. UKRAINE, No. 29979/04, § 70, ECHR, dated October 20, 2011).
The court established and confirmed with written evidence that the plaintiff PERSON_1, holding the position of temporary acting deputy chief of the Shevchenkiv VP – chief of the criminal police department of the GU NP in the Lviv region, on April 26, 2017. was detained by employees of the SBU in the Lviv region together with the employees of the Prosecutor's Office of the Lviv region on suspicion of committing a criminal offense provided for in Part 3 of Art. 368 of the Criminal Code of Ukraine (a.s. 11-12).
On April 27, 2017 PERSON_1 to the senior investigator of the second investigative department of the Prosecutor's Office of the Lviv region Stefaniv R.M. a suspicion has been declared regarding the criminal proceedings filed in the EDPR under No. 42017140000000134 dated April 21, 2017, on the grounds of a criminal offense provided for in Part 3 of Article 368 of the Criminal Code of Ukraine.
By the decision of the investigative judge of the Halytsky District Court of Lviv Protsaila M.B. pretrial detention with detention in the Lviv pre-trial detention center of the UDPtSU in the Lviv region. On the basis of Part 3 of Article 183 of the Criminal Procedure Code of Ukraine, the amount of the deposit is determined in the amount of 30 amounts of the subsistence minimum for able-bodied persons – 48,000 (forty-eight thousand) hryvnias.
In addition, on the basis of the decision of the investigative judge of the Halytskyi District Court of Lviv, the suspect PERSON_1 was removed from the post of temporary acting deputy chief of the Shevchenkiv VP – head of the criminal police department of the GU NP in the Lviv region.
Yes, as a result of the pre-trial investigation, on August 21, 2017. an indictment was drawn up against PERSON_1 in accordance with Art. 291 of the Criminal Procedure Code of Ukraine in criminal proceedings under No. 42017140000000134 dated April 21, 2017, which was referred to the court (paragraphs 13-14).
By the decision of the Shevchenkiv District Court of Lviv dated November 27, 2019, criminal proceedings entered into the Unified Register of Pretrial Investigations under No. 42017140000000134 dated April 21, 2017. on the accusation of PERSON_1, INFORMATION_1, under Part 3 of Art. 368 of the Criminal Code of Ukraine – closed on the basis of Clause 2, Part 2 of Article 284 of the Criminal Code of Ukraine, in connection with the prosecutor's refusal to maintain the state prosecution (a.s. 17-18). The decision was not appealed and became legally binding.
In accordance with part 4, 5 of Art. 82 of the Civil Code of Ukraine, the circumstances established by a court decision in an economic, civil or administrative case that has entered into legal force shall not be proved during the consideration of another case involving the same persons or the person in respect of whom these circumstances were established, unless otherwise established by law . Circumstances established in relation to a certain person by a court decision in an economic, civil or administrative case that has entered into legal force shall not be proven during the consideration of another case, but may be refuted in general by a person who did not participate in the case in which such circumstances were established .
According to the decision of the European Court of Human Rights dated July 25, 2002 in the case of application No. 48553 / 99 "Sovtransavto – Holding" v. Ukraine", as well as according to the decision of the European Court of Human Rights dated October 28, 1999 in the case of application No. 28342 / 95 "Brumarescu v. Romania" established that there is an established judicial practice of convention bodies regarding the definition of the principle of legal certainty as the main element of the rule of law, which provides, among other things, that in any dispute a court decision that has entered into legal force cannot be questioned.
In accordance with Part 1 of Art.1 of the Law of Ukraine "On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operative-Investigative Activities, Pretrial Investigation Bodies, the Prosecutor's Office and the Court", damages caused to a citizen as a result of, in particular, an illegal conviction, an illegal notification of a suspected crime are subject to compensation criminal offense, illegal seizure and detention, illegal search, seizure, illegal seizure of property, illegal suspension from work (position) and other procedural actions that limit the rights of citizens.
In the cases specified in the first part of this article, the damage caused is compensated in full regardless of the fault of the officials of the inquiry, pre-trial investigation, prosecutor's office and the court.
In accordance with Clause 2 of Article 2 of this Law, the right to compensation for damages in the amounts and in the manner prescribed by this Law arises, including in the case of closing criminal proceedings due to the absence of a criminal offense, the absence of elements of a criminal offense in the act, or insufficient evidence for proving the person's guilt in court and exhausting the possibilities to obtain them.
According to clause 1, 5 of Art. 3 of this Law, in the cases specified in Article 1 of this Law, the citizen shall be compensated (returned: 1) earnings and other monetary income that he lost as a result of illegal actions; 2) property (including money, cash deposits and interest on them, securities and interest on them, a share in the statutory fund of a business company of which the citizen was a member, and the profit he did not receive in accordance with this share, other values) , confiscated or turned over to state revenue by the court, seized by pre-trial investigation bodies, bodies that carry out operative and investigative activities, as well as property subject to arrest; 3) fines levied for execution of the court verdict, court costs and other costs paid by the citizen; 4) sums paid by a citizen in connection with the provision of legal assistance to him; 5) moral damage.
Compensation for damage in the cases provided for in Clauses 1, 3, 4 and 5 of Article 3 of this Law shall be carried out at the expense of the state budget. The size of the sums, which are provided for in Clause 1 of Article 3 of this Law and are subject to compensation, is determined taking into account the earnings not received by the citizen during the time of suspension from work (position), during the time of serving a criminal sentence or correctional works as an administrative penalty.
As established by the court, in the course of the pre-trial investigation of criminal proceedings No. 42017140000000134 dated 04/21/2017, PERSON_1 was suspended from the position of temporary acting deputy chief of the Shevchenkiv VP – the head of the criminal police department of the GU NP in the Lviv region on 04/27/2017.
The court, calculating the amount of compensation for damage caused as a result of illegal actions of pre-trial investigation bodies in terms of earnings compensation, starts from the plaintiff's average monthly salary.
As can be seen from the response of the GUNP in Lviv region to the lawyer's request (a.s. 20, 28-30), according to archival information No. 1 for the period from January 2017 to December 2017, No. 1 for the period from January 2018 to December 2018 and No. 1 for the period from January 2019 to December 2019, PERSON_1 in the period from January to April 2017 inclusive, who received 10,390.11 hryvnias per month, and from May 2017 to the time of resumption of work (March 30, 2019 ) received exclusively the official salary in the amount of approximately 6530.33 hryvnias.
Thus, in connection with suspension from work, the plaintiff PERSON_1 for 23 months did not receive at least 3,859.78 hryvnias per month, which is 88,774.94 (eighty-eight thousand seven hundred and seventy-four) hryvnias.
2 years and 7 months and 1 day, i.e. 31 months, passed from the date of adoption of the resolution by the investigative judge of the Halytskyi District Court of the city of Lviv on 04/27/2017 on the removal of PERSON_1 from his position to the date of the resolution of the Shevchenkivskyi District Court of the city of Lviv dated 11/27/2019.
Thus, the amount of PERSON_1's unreceived income is UAH 88,774.94. and is subject to reimbursement in accordance with the procedure established by current legislation.
In addition, the court found that during the trial and investigation, the plaintiff PERSON_1 was forced to seek legal assistance and, accordingly, to incur reasonable costs for legal assistance.
According to Clause 4 of Part One of Article 1 of the Law of Ukraine "On Advocacy and Advocacy" , an agreement on the provision of legal assistance is an agreement under which one party (attorney, law office, bar association) undertakes to provide protection, representation or provide other types of legal assistance to the other party (the client) on the terms and in the order specified by the contract, and the client undertakes to pay for the provision of legal assistance and the actual costs necessary for the performance of the contract;
In accordance with Article 19 of the Law of Ukraine "On Advocacy and Advocacy", the types of advocacy activities are, in particular: 1) provision of legal information, consultations and clarifications on legal issues, legal support of the activities of legal entities and individuals, state authorities, bodies local government, state; 2) drawing up statements, complaints, procedural and other legal documents; 3) protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, convicted, acquitted, a person in respect of whom the application of coercive measures of a medical or educational nature is envisaged or the issue of their application in criminal proceedings is being resolved, a person in respect of whom the issue of extradition to a foreign country is being considered the state (extradition), as well as a person who is brought to administrative responsibility during the consideration of a case on an administrative offense; 4) provision of legal assistance to a witness in criminal proceedings; 5) representation of the interests of the victim during consideration of the administrative offense case, the rights and obligations of the victim, civil plaintiff, civil defendant in criminal proceedings; 6) representation of the interests of individuals and legal entities in courts during civil, economic, administrative and constitutional proceedings, as well as in other state bodies, before individuals and legal entities; 7) representation of the interests of individuals and legal entities, the state, state authorities, local self-government bodies in foreign, international judicial bodies, unless otherwise established by the legislation of foreign states, statutory documents of international judicial bodies and other international organizations or international treaties, consent to the obligation the validity of which is granted by the Verkhovna Rada of Ukraine; 8) provision of legal assistance during execution and serving of criminal penalties; 9) protection of the whistleblower's rights, freedoms and legitimate interests in connection with his reporting information about a corruption or corruption-related offence.
As noted by the Supreme Court as a member of the panel of judges of the First Judicial Chamber of the Civil Court of Cassation in the ruling of October 17, 2018 in case No. 301/1894/17, the costs of legal assistance, the maximum amount of which is determined by the relevant law, are charged not only for participation in a court session during the consideration of the case, but also in the case of taking other actions outside the court session, directly related to the provision of legal assistance in a specific case (for example, drawing up a statement of claim, providing consultations, translating documents, copying documents).
According to the legal opinion of the Supreme Court, the composition and amount of expenses related to the payment of legal aid, entered?