ON THE ISSUE OF DETERMINING THE CONTENT OF RESTITUTION IN THE CRIMINAL PROCESSOF UKRAINE

Abstract

The article is devoted to the definition of restitution within the criminal process of Ukraine. The specifics of fixing and reflecting restitution in the norms of the current criminal procedural legislation are considered. Examples of the reflection of restitution within the scope of civil and international law are given separately. The expediency of the expanded perception of restitution within the framework of the criminal process with the inclusion of the lost income or profit due to the commission of a criminal offense to the list of possible damages is emphasized. Separate attention is focused on the conditions of voluntary compensation of damages to suspects, accused within the framework of criminal proceedings. Also considered is the construction of a lawsuit for compensation of damages to victims of criminal offenses. Separate attention is focused on compensation for damages to victims of criminal offenses at the expense of the state. It is emphasized that this element of restitution is currently ineffective. The scientific position regarding the division of restitution within the criminal process into criminal-legal and criminal-procedural restitution is supported. The authors’ opinion is expressed regarding the expediency of an expanded interpretation of restitution in criminal proceedings, taking into account the state as one of the subjects, which also has the right to appropriate compensation from the suspect, the accused for the costs incurred in criminal proceedings. It is noted that in the case of a guilty verdict, it is appropriate to impose on the guilty person the obligation to reimburse the state’s expenses for the involvement of witnesses, specialists, translators and experts, as well as expenses related to the storage and forwarding of things and documents in criminal proceedings.