LAW OF UKRAINE

of December 1, 1994 No. 266/94-BP

About procedure for compensation of the damage caused to the citizen by illegal actions of the bodies performing investigation and search operations, bodies of pre-judicial investigation, prosecutor's office and court

Article 1.

According to provisions of this Law the damage caused to the citizen owing to is subject to compensation:

1) illegal condemnation, the illegal message on suspicion of making of criminal offense, illegal capture and detention, illegal carrying out during criminal proceedings of search, dredging, illegal property attachment, illegal discharge from the work (position) and other legal proceedings limiting the rights of citizens;

2) illegal application of administrative detention or corrective works, illegal confiscation of property, illegal imposing of penalty;

3) illegal carrying out the operational search measures provided by the laws of Ukraine "About operational search activities", "About organization-legal bases of fight against organized crime" and other acts of the legislation.

In the cases specified in part one of this Article, the caused loss is indemnified in full irrespective of fault of officials of bodies who perform investigation and search operations, pre-judicial investigation, prosecutor's offices and vessels.

Article 2.

The right to compensation of damage in sizes and according to the procedure, provided by this Law, arises in cases:

1) resolutions of the verdict of not guilty of court;

1-1) establishments in conviction of court or other judgment (except the court order about purpose of new trial) the fact of the illegal message on suspicion of making of criminal offense, illegal capture and detention, illegal carrying out during criminal proceedings of search, dredging, illegal property attachment, illegal discharge from work (position) and other legal proceedings which limit or also freedoms of citizens, illegal conducting investigation and search operations violate the rights;

2) closing of criminal proceedings due to the lack of event of criminal offense, absence in act of structure of criminal offense or not establishment of sufficient evidences for the proof of guilt of person in court and exhaustion of opportunities to receive them;

3) it is excluded;

4) solution of the case about administrative offense.

The right to compensation of damage caused by the investigation and search operations specified in article 1 of this Law arises in cases, stipulated in Item 1-1 part one of this Article or provided that within six months after holding such actions criminal proceedings following the results of these actions were not begun.

Article 3.

In the cases given in article 1 of this Law to the citizen are compensated (return):

1) earnings and other cash incomes which it lost owing to illegal actions;

2) the property (including money, money deposits and percent on them, securities and percent on them, share in authorized capital of economic society, whose member was the citizen, and profit, which it did not receive according to this share, other values) confiscated or turned into the income of the state by court, withdrawn by the bodies of pre-judicial investigation, bodies performing operational search activities, and also property which it is seized;

3) the penalties collected in pursuance of the court verdict, the legal costs and other expenses paid by the citizen;

4) the amounts paid by the citizen in connection with rendering legal aid to him;

5) moral damage.

Article 4.

Compensation of damage in the cases provided by Items 1, of 3, of the 4 and 5 article 3 of this Law is made at the expense of means of the government budget. The size of the amounts, stipulated in Item 1 article 3 of this Law and subjects to compensation, is determined taking into account the earnings which are not received by the citizen during discharge from work (position) during serving of criminal penalty or corrective works as administrative punishment.

The property specified in Item 2 of article 3 of this Law returns in nature, and in case of impossibility of return in nature its cost is compensated at the expense of those companies, organizations, the organizations to which it is donated. The cost of apartment houses, apartments, other constructions is compensated only if the specified property did not remain in nature and the citizen refused provision to it equivalent premises with voluntary conveyance in its property or in case of the consent to it of the citizen. The cost of the lost housing is compensated proceeding from the market prices operating at the time of the address of the citizen about compensation of damage.

In case of liquidation of the companies, organizations, organizations to which the property was donated or insufficiency of means at them for compensation of damage the property value (part of cost) is compensated at the expense of the government budget.

The property value is determined according to the prices operating at the time of decision making about compensation of damage. In case of damage of property the caused loss is indemnified completely.

Compensation of moral damage is made in case illegal actions of bodies which perform investigation and search operations, pre-judicial investigation, prosecutor's offices and vessels caused moral loss to the citizen, led to violation of its normal vital bonds, demand from it additional efforts for the organization of the life.

Moral loss the suffering inflicted on the citizen owing to physical or mental impact that entailed deterioration or deprivation of sales opportunities it the habits and desires, deterioration in the relations with surrounding people, to other negative effects of moral nature is recognized.

Article 5.

In case of the death of the citizen the right to compensation of damage in the cases provided by Items 1, of 2, 3 and 4 articles 3 of this Law in the procedure established by the legislation passes to his heirs.

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