Improvement of the mechanism of legal regulation of compensation for victims of committed crimes: domestic and foreign experience

Автор: Kobets P. N.

Журнал: Виктимология @victimologiy

Рубрика: Потерпевший от преступления

Статья в выпуске: 1 т.10, 2023 года.

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The necessity of the problem studied by the author, connected with the improvement of the legal regulation of the issues of compensation for harm caused in the process of committing an unlawful act, is confirmed by numerous scientific studies. However, despite the detailed study of many issues on this issue, in the conditions of the beginning of the new millennium, there was no special comprehensive scientific study considering domestic and foreign positive experience on this issue, including through the creation of specialized funds aimed at for compensation for harm to victims. For these purposes, the author carried out a comprehensive analysis of the scientific study of the above problems. The study showed the importance of studying positive foreign experience in effective compensation for harm caused in the process of committing crimes, highlighting the most effective models for the legal regulation of relations in the field of compensation for criminal harm. Most researchers of the problem under consideration believe that in our country it would be necessary to create state and public funds from which criminal harm would be compensated. In addition, since significant difficulties in compensating for criminal harm in our country are due to the facts of concealment by the accused of their property and registered to third parties, which complicates the facts of proving the criminal origin of the property of persons suspected and accused of a crime and makes it difficult to establish its location, in this regard, it is necessary to focus on the development of new mechanisms for the seizure of property that was acquired illegally. To this end, a number of legislative frameworks should be developed to facilitate the implementation of procedures for the confiscation of property that was transferred by offenders as a result of corrupt transactions. In the future, the study of the legal aspects of positive experience in the area under consideration can be carried out not only as a kind of scientific interest. Its importance is largely due to the need to use the legislative framework in the field of compensation for criminal harm, while improving domestic legislation.

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Legal regulation, compensation for damage, legislative norms, comparative law, criminal damage, criminal consequences, criminal proceedings, classification of harm, victim of a crime, legal mechanism, legal responsibility, law-making activity

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Короткий адрес: https://sciup.org/14127232

IDR: 14127232   |   DOI: 10.47475/2411-0590-2023-10103

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