LEGAL REGULATION OF COMPENSATION FOR DAMAGE, CAUSED BY LAW ENFORCEMENT BODIES, ACCORDING TO THE LEGISLATION OF UKRAINE

Abstract

This scientific article examines the issue of regulating the mechanism of compensation for damage, caused to a person by illegal decisions, actions or inaction of a body that carries out operational investigative activities, pre-trial investigation, prosecutor’s office or court, in the national legislation of Ukraine. It was determined that the norms governing compensation for damage, caused by the above-mentioned law-enforcement bodies, exist in normative legal acts of different legal force. Among such acts, it is necessary to allocate the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine «On the Procedure for Compensation of Damage, Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operative-Investigative Activities, Pre-Trial Investigation Bodies, the Prosecutor’s Office and the Court» and statutory regulation on the application of this law. The determined legal regulation of the mechanism of compensation for damage, caused by law-enforcement bodies, in the national legislation of Ukraine can be assessed as positive. However, there are certain controversial issues, the solution of which can make the regulation of this legal institution even more effective. It was established that between Art. 1176 of the Civil Code of Ukraine and the provisions of the Law of Ukraine «On the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Bodies Carrying Out Operational-Investigative Activities, Pre-Trial Investigation Bodies, the Prosecutor’s Office and the Court» there is an inconsistency regarding the term used to define the category of persons who may have the right for damages. Art. 1176 of the Civil Code of Ukraine uses the term «natural person», while the law uses the term «citizen». The term «citizen» is narrower than the term «natural person» and does not include, in particular, foreigners and stateless persons, who may also be harmed by law-enforcement bodies, which will be subject to compensation. It is proposed to amend the law and replace the term «citizen» with «natural person» in its title and text as one of the possible ways to eliminate the inconsistency. The article also considers some problematic aspects of the national legislation of Ukraine, which regulates compensation for damage, caused by law- enforcement bodies, which other scientists draw the attention.