Determination of the amount of pre-trial compensation for damage caused by a criminal offense

The article is devoted to the problems of determining the amount of damage in criminal proceedings in Ukraine and their solution. An analysis of the reasons for the ineffectiveness of the existing mechanism in the criminal process, establishing the amount of damage to victims of criminal offenses is carried out. The problems of real compensation for damage caused by a criminal offense are considered. The creation of certain conditions that will contribute to real compensation (compensation) of damage is being discussed, starting directly from the stage of the pre-trial investigation, precisely from the moment of entering information into the EDPR. It is noted that in order to protect the rights and legitimate interests of a person who has been harmed by a criminal offense, the victim status should be granted as soon as possible, namely at the initial stage of the pre-trial investigation. The conducted study of the materials of criminal proceedings, in which it was established that the use in part 2 of Art. 55 of the Criminal Procedure Code of Ukraine of the wording «The rights and responsibilities of the victim arise in a person from the moment of submitting an application to involve him in the proceedings as a victim» is not quite effective, because it allows investigators, inquirers to establish a certain time interval between entering information into the ERDR and issuing a resolution on recognizing a person as a victim. It is noted that when studying the application and establishing the grounds for the qualification of a criminal offense, the authorized person engaged in pre-trial investigation has the duty to collect, systematize and analyze all the information contained in the notification of the criminal offense. The specified information includes information on the nature and extent of damage caused by a criminal offense. It is proven that untimely taking measures to compensate for the damage caused only increases the troubles that already fall on the shoulders of the injured person. It was established that at the moment, officials at the stage of entering information into the EDRD have been given more opportunities to carry out effective activities to establish the nature and extent of damage, and in the future - to take a set of measures aimed at compensating victims of criminal acts.