Oleksii Ostapenko, Leontii Chystokletov, Ruslan Skrynkovskyy, Oleksandra Khytra, Leonid Ostapenko
On Indemnity for Non-Pecuniary Damage for Administrative Offenses Committed in Ukraine
Číslo: 6/2018
Periodikum: Path of Science
DOI: 10.22178/pos.35-5
Klíčová slova: indemnity; property damage; non-pecuniary damage; morality; moral responsibility
Pro získání musíte mít účet v Citace PRO.
On the basis of the current administrative legislation of Ukraine, circumstances have been clarified that exclude administrative liability, indicating no liability, including for moral damage. The norms of the criminal-procedural legislation of Ukraine, which provide for indemnity (compensation) for damage to the victim at any stage of criminal proceedings are analyzed. Judicial practice is used in this regard. The provisions on conciliation of the parties, on the basis of which the victim has the opportunity to make a decision to refuse to indemnify non-pecuniary damage both before the beginning of the jurisdictional proceedings and during its execution at one or another procedural stage, are considered. The grounds for liability for the moral damage, fixed in the Civil Code of Ukraine are determined. Conclusions are made on the compensation of the moral damage to the victim of property and non-property content, which is one of the conditions for the updating of the administrative legislation of Ukraine. The author’s definition of the concept of indemnity for moral harm is proposed.