The Supreme Court has published an overview of the judicial practice of the Supreme Court of Justice regarding the resolution of a civil claim in criminal proceedings.
The review of the judicial practice of the CCS of the Supreme Court regarding the resolution of a civil claim in criminal proceedings was carried out on the basis of the processing of court decisions entered into the Unified State Register of Court Decisions, starting from January 2018 and ending in February 2022.
At the same time, the CCS of the Supreme Court drew attention to the criminal law and criminal procedural problems of solving a civil claim in criminal proceedings, due to the application of the provisions of the legislation on compensation for damage caused by a criminal offense and on insurance during the consideration of criminal proceedings, as well as on the peculiarities of the collection of procedural costs and other procedural issues in the resolution of a civil lawsuit.
In particular, the review contains the legal positions of the CCS of the Supreme Court, which reveal the following issues:
- the ratio of the amount of compensation under a civil claim in criminal proceedings and the amount of damage caused by the crime, specified in the indictment;
- resolution of a civil lawsuit upon release of a person from criminal liability on the basis of Art. 49 of the Criminal Code of Ukraine and closure of criminal proceedings;
- assessment of the circumstances that the court takes into account when determining the amount of compensation for moral (non-pecuniary) damage to the victim, based on the principles of reasonableness, balance and justice;
- of the procedure for applying the provisions of the Law of Ukraine "On Compulsory Civil Liability Insurance of Land Vehicle Owners" in criminal proceedings.
The review also includes other relevant legal positions regarding the resolution of civil claims in criminal proceedings.