IMPOSING THE OBLIGATION TO COMPENSATE MORAL DAMAGE CAUSED BY A CRIME ON THE ACCUSED AND THE STATE JOINTLY: SEPARATE PROBLEMS

Abstract

The task of the study is to clarify the dilemma of who can be brought as a defendant in a civil lawsuit in criminal proceedings and as a civil defendant in criminal proceedings in a situation where moral damage is caused by an official or official of a state authority, an ARC authority or a local self-government body. An analysis of national civil and criminal procedural legislation, court practice, and scientific approaches was conducted, as a result of which, with the help of synthesis, the main applied problems were identified and ways for their scientifically based solution were proposed. Induction and deduction came in handy in the course of arguing the author's conclusions. The case-study method provided an opportunity to illustrate the relevance of the research through the disclosure of the real state of affairs, which becomes obvious to the reader when analyzing modern judicial practice and describing the multi-vector orientation of individual court decisions and individual opinions on them.The article supports the position in favor of the fact that if Article 1174 of the Civil Code of Ukraine clearly refers to compensation for damage by the state, then arguments such as that, in terms of the provisions of the same article of the Civil Code of Ukraine, the state does not bear civil liability for damage caused by illegal decisions, actions or inaction of an official or official of a state authority, an authority of the Autonomous Republic of Crimea or a local self-government body in the exercise of its responsibilities powers It is summarized that the state can be involved as a civil defendant in the criminal process, in particular, when the case is considered in absentia, but at the same time, it should be clearly established about which of the types of damage the discussion is about, because in the situation under analysis it is about compensation for moral damage caused by a crime. It has been proved that there is an obvious possibility established by law to impose the obligation to compensate moral damage caused by a crime on the accused, as a defendant in a civil lawsuit, and the state, as a civil defendant, jointly.
The results of the research can be used in the course of the trial, when there is a need to impose an obligation to compensate the accused and the state jointly and severally.