Publication date: 07.03.2024
The legislative body of Ukraine has provided for full compensation for damages caused to a citizen as a result of:
1) illegal conviction, illegal notification of suspicion of committing a criminal offense, illegal arrest and detention, illegal search and seizure during criminal proceedings, illegal imposition of arrest on property, illegal dismissal from work (position), and other procedural actions that restrict citizens' rights;
2) illegal use of administrative arrest or corrective labor, illegal confiscation of property, illegal imposition of fines;
3) illegal conduct of operational search activities.
Your lawyer in court can confirm the right to compensation for damages by having the following documents:
1) acquittal verdict;
2) establishment in the accusatory verdict of the court or other court decision of the fact of illegal notification of suspicion of committing a criminal offense, illegal arrest and detention, illegal search and seizure during criminal proceedings, illegal imposition of arrest on property, illegal dismissal from work (position), and other procedural actions restricting or violating the rights and freedoms of citizens, illegal conduct of operational search activities;
3) court decision to close the criminal case due to the absence of the event of a criminal offense, the absence of a criminal offense in the act, or the lack of sufficient evidence to prove the guilt of the person in court and the exhaustion of the 4) possibilities to obtain them;
4) decision to close the case of an administrative offense.
Types of damages eligible for compensation:
1) earnings and other monetary incomes that the citizen lost as a result of illegal actions;
2) property (including money, bank deposits and interest on them, securities and interest on them, share in the authorized capital of a commercial enterprise, of which the citizen was a participant, and the profit that he did not receive according to this share, other valuables) confiscated or taken as income of the state by court, seized by pre-trial investigation bodies, bodies conducting operational search activities, as well as property subject to arrest;
3) fines paid by the citizen to execute the court sentence, court expenses, and other expenses paid by the citizen;
4) amounts paid by the citizen for legal assistance;
5) moral harm.
To correctly calculate the monetary value of the damages listed above, their recovery from the state budget, relevant enterprises, institutions, or organizations, or the return of property in kind, it is recommended to seek professional legal assistance from lawyers and attorneys of the "Consultant" legal platform, who will provide you with services: analysis of case materials, collection of evidence, preparation of all necessary procedural documents, participation in court hearings, and representation in court.
It is worth noting:
In case of the citizen's death, the right to compensation for all types of damages except moral harm passes to his heirs.
In case of dismissal from work or suspension from office due to illegal conviction or illegal prosecution, the citizen must be reinstated in the previous job or be provided with another suitable job. However, reinstatement at work should not be delayed, as the state has established a period of three months from the date of entry into force of the acquittal verdict or the issuance of a resolution (ruling) on closing the criminal proceedings, during which the citizen must apply.
The period of illegal dismissal from work is counted both towards the total work experience and towards the work experience in the specialty, state service experience, continuous experience.
In case of loss by the citizen of the right to use residential premises as a result of illegal conviction, local authorities and self-government within a month from the date of application return such premises to the citizen.
If the citizen was deprived of military or other ranks, as well as state awards due to illegal conviction, the ranks are restored, and the awards are returned to him.
If an arrest is imposed on anything during unlawful prosecution, the citizen has the right to lifting of arrest.
If information about the citizen's illegal prosecution was disseminated in the media, at the request of this citizen, and in case of his death at the request of his relatives, within one month, a notification of the decision rehabilitating the citizen is made.
Ukraine has established a minimum amount of compensation for moral harm for the period of being under investigation or in court, which is not less than one minimum wage for each month of being under investigation or in court.
Illegal prosecution begins from the day the citizen is handed a notice of suspicion. The minimum wage is determined at the time of compensation.
For example, for 98 months of illegal prosecution, during the period when the minimum wage was 6700 UAH, the minimum amount of moral damage was 656,600 UAH. The court, taking into account the lawyer's arguments in court, increased the compensation amount to 900,000 UAH.
We have presented only some of the key points in defending the rights of citizens who have been subjected to illegal criminal prosecution. However, it is worth understanding that each right mentioned in the article has numerous details and features in proving and presenting requirements. When making a decision to initiate legal proceedings, for effective protection of your rights, including the protection of dignity, seek professional legal assistance from the lawyers and attorneys of our legal platform "Consultant".
