Recovery of damages caused to the state as a result of a corruption criminal offence in criminal proceedings: the activity of the prosecutor

In this article, the author analyses the legislative provisions regulating the activities of the prosecutor’s office in representing the interests of the State in court in terms of filing claims for compensation for damage caused by corruption offences, and also provides examples of court practice on these issues. The author focuses on the problematic issues that arise in the practical activities of prosecutors. The current anti-corruption legislation of Ukraine provides for compensation for losses and damage caused as a result of a corruption offence. At the same time, the Law of Ukraine “On Prevention of Corruption” does not disclose the procedure for compensation of such damage, which leads to problematic issues in practice. The author notes that today in Ukraine the powers of the prosecutor are limited. This was caused by the amendments made to the Law of Ukraine “On the Prosecutor’s Office”, namely, the prosecutor was deprived of the right to represent the interests of citizens in court, and his powers outside the criminal sphere were limited. At the same time, the author concludes that the prosecutor’s office plays an important role in filing claims in criminal proceedings for compensation for losses and damage caused as a result of a corruption offence. It is noted that the availability of the necessary evidence is decisive in determining the time of filing a claim for compensation for losses, damage, elimination of other consequences of a corruption offence or corruption-related offence. Since the damage caused to a person by a crime is a violation of the subjective rights of that person, the right to compensation for damage follows from the general right to protect the rights, freedoms and legitimate interests violated by a crime. At the same time, the article emphasises that compensation for damage caused by a crime is a way of judicial, including criminal procedural, protection of the rights of citizens and legal entities. Regardless of which right is violated, the State guarantees its restoration (compensation). In the article, the authors conclude that current investigative and judicial practice requires pre-trial investigation officials and prosecutors to objectively and as accurately as possible establish the amount of property damage caused by a criminal offence, taking into account the possibility of substantiating specific amounts with testimony from victims of criminal acts. A prosecutor who files a civil claim in criminal proceedings must substantiate the existence of grounds for representing the interests of the state in court. Only a claim for compensation for damage caused by a criminal offence may be considered in criminal proceedings.