The procedure for compensation of moral damages for illegal criminal prosecution
Author: Vitaly Levchenko, lawyer at Dynasty Law & Investment
Criminal proceedings were initiated against you, a notice of suspicion was served, but after a few years, law enforcement agencies simply close the proceedings due to the lack of necessary evidence that you committed an offense? During your stay under investigation, as a suspect, did you constantly face restrictions on your rights? Claim compensation for moral damages!
In this case, your interests are protected by the provisions of the Constitution and the Civil Code. At the same time, special attention should be paid to the special Law of Ukraine No. 266/94-BP.
Thus, according to Article 13 of the said Law, compensation for moral damage during the period of stay under investigation or court is determined on the basis of an amount that cannot be less than one minimum salary for each month of such period.
In turn, the Civil Court of Cassation concluded that compensation for mental suffering, guaranteed by the Parliament in the law, is not limited to a multiple of the minimum wage. This is only the mandatory minimum that a person can count on. Taking into account all the circumstances, arguments and submitted evidence, the court can award a larger amount of compensation.
Moreover, during the calculation, it is necessary to take exactly the amount of the minimum salary, which is established in the Law on the State Budget as of the time the case is considered by the court, and not at the time of the unjustified violation of your rights.
In order for you to avoid wasting time searching for and gathering the necessary evidence and forming an appropriate legal position, highly qualified legal experts of Dynasty Law & Investment with extensive experience in similar cases will assist you in solving this issue and ensure proper protection of your interests in court.