Timush I.S., Onishchenko A.S. The concept and essence of the Institute of compensation of property and moral harm to an individual, the victim of a criminal offence

The article describes civil-legal nature of Institute of compensation of property and moral harm to an individual, the victim of a criminal offence. It is determined that the essence of this institution consists in the implementation of protection of legitimate rights and interests of man and citizen.
In the article the civil-legal nature of the Institute of compensation of property and moral harm to an individual, the victim of a criminal offence. It is determined that the essence of this Institute lies in the implementation of protection of legitimate rights and interests of man and citizen.
The authors emphasize that the integration of Ukraine into the world community, along with the solution of many economic, political, cultural problems suggests the presence of effective mechanisms of social and legal protection of the most vulnerable categories of citizens, including the establishment of an effective system of re-socialization of victims of a criminal offence. The inclusion in the criminal process procedures that provide for compensation to the victim caused by the criminal offence harm was initially aimed at the protection of purely private interests. Over time, the awareness of the legislator that the criminal seizure of all property obtained by criminal means, is a means of combating crime, gave impetus to the development of public based on the principles of procedural forms solve this problem. However, now in Ukraine there is no practical mechanism of realisation of norms of the Civil code on compensation for harm to an individual, the victim of a criminal offence that is a problem that requires more theoretical research.
The article stressed that the Ukrainian Constitution life and health are recognized as the highest social value, and therefore the state has assumed the obligation to compensate for harm caused by the offence that has been duly enshrined in article 1177 and 1207 of the Civil code of Ukraine, which established that the harm caused by a mutilation, other damage of health or death of a citizen in a criminal offence, as well as the property it is a pity, caused to the property of citizens due to criminal offence, shall be reimbursed by the state. The called articles provided that the conditions and procedure for compensation by the state of the specified harm are established by law. Therefore, under articles 1177 and 1207 of the civil code of Ukraine, the obligation applies to other obligations — obligations between the state and the victim, which is compensated by the state for damage caused by the offender, in cases provided by law.
It is concluded that the state must ensure the safety of every member of society, and if the authorities fail to prevent crime, compensation for crime damage should be the task of the state. The government should compensate material and moral damage caused by the criminal offence, regardless of whether caused this harm to life, health, honor or dignity of the person. In addition, the authors believe that it should be possible timely or early payment, that is, until the sentence of the court, or to the search of the person who committed the crime when the victim is in dire need of financial assistance for urgent treatment. State compensation should occur in cases where no information about the person who committed the crime, or its seat, or the fact of the insolvency of such person. The benefits should be excluded, if the person who suffered harm, entered into a contract of insurance of life and health, property, and receives the insurance premium, or a person by their actions contributed to the crime. In addition, the state, taking responsibility for the harm caused by the criminal offence, also performs the function of social protection of its citizens.
Keywords: property damage, moral damage, damage caused by the criminal offence.