The Problem of Legal Regulation of Liability for Harm Caused by Injury

Abstract

This article thoroughly analyzes the features of regulatory and legal regulation of liability for damage caused by injury.It was found that in order to establish the procedure for compensation to victims, Ukraine signed in 2005 the European Convention on Compensation to Victims of Violent Crimes, but did not ratify it, which delayed the adoption of a special law regulating relations the state compensates the victims of criminal offenses for bodily injuries, as well as financing their treatment, reimbursement of material and moral costs, burial costs, etc.It is noted that although the Criminal Procedure Code of Ukraine and the Civil Procedure Code of Ukraine provide for compensation for damage caused to the victim as a result of a criminal offense from the state budget, but there is no standardized mechanism for compensating such damage.It has been established that the debtor in the obligation to cause damage is a person who is obliged by law to compensate the damage caused to the victim. Debtors are divided into: a) persons who caused harm to the victim by their own actions; persons who are required by law to compensate for the damage caused.It is determined that the main reason for imposing an obligation to compensate other persons is the need to protect the interests of the victim, who should be compensated for the damage in any case, regardless of whether the direct perpetrator may be a delinquent and has financial ability to compensate for the damage.There are grounds when the obligation to compensate for damages rests with other persons: incapacity of the perpetrator – parents (adoptive parents), guardians (custodians) of minors and sometimes minors, guardians of incapacitated individuals, incapacitated individuals, incapacitated individuals are obliged to compensate persons; the activity of the person causing the damage on the instructions and in favor of the responsible person – employers under employment contracts, customers under contracts.The decision of the Grand Chamber of the Supreme Court which ruled that the damage caused to the victim as a result of a criminal offense is compensated to him at the expense of the State Budget of Ukraine in cases and in the manner prescribed by law.It is established that the state bears property responsibility to the victims not for all crimes that remain unsolved, but only in the case when the damage is caused to an individual who has suffered from a criminal offense. Damage caused by injury, other damage to health or death as a result of a crime shall be compensated to the victim or persons designated by law, the state, if the person who committed the crime has not been identified or if he is insolvent. It is noted that the lack of a relevant law on the procedure for state compensation for damage caused by injury does not make it impossible to consider the case at the request of the victim, but significantly complicates this process.