Print   

DRAFT


LAW OF UKRAINE

On Compensation of Victims of Violent Crimes


This Law outlines the reasons and conditions, and also institutionalizes the order of compensation at the cost of the state for damages, that are consequences forced violent crimes upon the life and health of a physical person.

Article 1. Definition of Terms

In this Law the terms outlined below are used in this way:

The understanding of a “close relative” is used in this Law in the form, which is given in the Criminal Procedural Code of Ukraine;

„intentional violent crime ” – intentional crime (socially dangerous activity), which results injury to the life and health of a person, which under the requirements or instructions of the Criminal Code of Ukraine is qualified as bodily harm of a medium level, severe bodily harm or which leads to death;

„victim” in accordance with this Law:

а) a physical person, who received injury as a consequence of intentional violent crime and whom in accordance of the criminal-procedural law acquired the status as one who suffered;

b) a physical person, who received injury as a result of an intentional violent crime;

„petitioner” – victim or their close relative or beneficiary, who in accordance with this Law have the right to compensatory payment from the State;

„injury” – damages, received by the victim through intentional violent crime (petitioner), which are covered by and to the amounts determined according to this Law;

„compensatory payment ” – a single monetary payment from the side of the State aimed at partially covering injury under this Law, received by the victim of intentional violent crime;
 

„commissions” – The Central Commission of Compensation for Injury, received through crime of the Ministry of Employment and Social Policy of Ukraine (hereafter – Central Commission) and territorial commissions of compensation of for injury, received through crime (hereafter – territorial commissions).

Article 2. Sphere of Effectiveness of this Law

1. Compensatory payment on the side of the State is guaranteed in accordance to this Law in the case, when as a result of an intentional violent crime is carried out on the territory of Ukraine:
1) results in the injury of health;
2) results in death.
2. The carrying out of compensatory payment is guaranteed in the case, foreseen by the first part of this article, and also if the perpetrator of the crime can not be identified, or this person can not be found, or falls under the jurisdiction of another country and will not be extradited.
3. The effectiveness of this Law is not in force for compensation of injury, received through the activities investigative bodies, pre-judicial investigation, prosecutor’s office or court.
 
Article 3. Legislation on Compensation for injury of victims of crime

1. Legislation on the compensation for injury of victims of crimes is guaranteed under the points, provided for in the Constitution of Ukraine, and are contributed to by this Law and other normative-legal acts, which will be passed in accordance to this law.
2. In the case that an international agreement, the agreement for accountability, which is provided by the Verkhovna Rada of Ukraine, provided for by different rules, than these, that are provided in this Law, then the rules of the international agreement will be used.
 
Article 4. Persons, who have the right to compensation
 
1. The right to compensatory payment in the case of receiving injury, is covered in Article 1 of this Law, and must be:
1) Citizens of Ukraine;
2) Persons without citizenship, who permanently live on the territory of Ukraine;
3) Citizens of Countries, who are signatory on the European Convention for the Compensation of victims of violent crimes (1983);
4) Citizens of all Countries – members of the Council of Europe, who are permanently on the territory of Ukraine and of countries whose legislation guarantees these same rights.


Article 5. General Conditions for the Realization of the Right to Compensation
 
1. The general conditions for the realization of the rights to the payment of compensation will be reporting the crime within 48 hours by the victim, or the petitioner, the compensatory organ about the carrying out of the crime, or within 48 hours from the moment, when the afflicted person had the real possibility of reporting the incident and filing a criminal case – the requirement of the victim of carrying out their procedural obligations.
2. In the case of not meeting the conditions, outlined in the first part of this article, will be a case for refusal of carrying out compensatory payment.

Article 6. Injury, which can be compensated

1. In accordance with this Law the victim has the right to receiving compensatory payment in relation to: 
1) loss of wages or income during the temporary period of inability to work;
2) expenses for:
а) medical treatment, hospitalization, which are confirmed by a medical institution;
b) repair to glasses, contact lenses, prostheses, apparatus and other assistive devices, which are used within the organism of a person or are worn on the body and are used to ensure normal life activity, including wheelchairs, crutches, if they are damaged, or they are to be replaced if the given object can not be fixed.
2. Close relatives of the victim have the right to petition for the receipt of compensatory payment in relation to expenses, for burial in the amount of cost for ritual services and for the medical treatment of the victim, in the case that the victim later on died.
3. Persons, who at the moment have committed intentional violent crimes, who are held as victims can petition for compensatory payment regarding such confinement. Not considering that, while during the time of confinement of the victim, the person, which at the time carried out the intentional violent crime are independent sources for their existence (receive a salary, stipend, etc.).
4. In accordance with this Law compensation is subordinate to the injury, which was confirmed at that the commission on compensatory payment took a decision.
5. Injury, compensated in accordance to this Law does not deprive the victim of intentional violent crime (petitioner) the right to carry out a civil suit for a part of damages, not covered by compensatory payment to the person, by the person who is determined as the guilty party in the case, this includes a suit for compensation for moral (not property) damage.


Article 7. Limit of Amount of Compensatory Payment
 
1. The minimal amount of compensatory payment cannot be less than 40 % of the current year’s determined minimal living allowance for one person. When the amount to be paid is calculated to be less than the minimal living allowance, compensatory payment is not made
2. The maximal amount of compensatory payment can not be more than five times the amount of the minimal living allowance, determined for the current year for one person.
3. The general overall level of compensatory payment in relation to the expenses, determined in article 6 of this Law, cannot be more than the compensatory payment determined by this article.

Article 8. Position of Petitions of Compensatory Payment

1. Persons, who are determined in point 1 of the first part of Article 4 of this Law, who petition for compensatory payment, must provide the following documents:
1) Declaration on the receipt of compensatory payment;
2) A copy of the declaration on the determination of being the victim, and in the case foreseen by Article 73 of the Criminal-procedural Code of Ukraine постанови on the closure of a criminal case;
3) Copy of certificate of personal identification number with the State Tax Administration;
4) Certificate on the amounts of monies not earned or expenses noted in point 2 of the first part of Article 6 of this Law (in the case that they exist) at the time the petition is submitted;
5) Documents on other sources, in particular, on health insurance and life insurance of the person in part or in full could compensate the petitioner for damages incurred, and also a sums, that were already out to the petitioner or for the payment which they are striving to receive including, the payment of social services.
2. In cases, foreseen by parts two and three of Article 6 of this Law the petitioner will also provide, documents which provide evidence of familial ties, legal or factual relationships, which existed between the petitioner and the victim and which provide the right to request compensatory payment in accordance to this Law.
3. In cases, foreseen in part three of Article 6 of this Law, besides the documents enumerated in parts one and two of this Article a certificate about the amount not earned regarding each individual confined on the date of the petition.
4. The persons, indicated in points 2,3 of the first part of Article 4, submit the documents foreseen in points 1, 2, 4 of parts one, two and three of this article.


Article 9. Term for submitting petitions for compensatory payment

1. Petitions for compensatory payment are submitted to the commission for compensatory payment by the person, which has the right to compensatory payment, foreseen in Article 1 of this Law, within two years from the day that they were victims of a violent crime, or during a one year period from the time that the victim filed a civil suit for payment of damages.
 
Article 10. Reasons for a reduction of the amount of compensatory payment

1.The amount of compensatory payment can be reduced taking into consideration:
1) the amount of payment to the petitioner, that are carried out in accordance to social legislation;
2) the status of material well being of the individual who is petitioning to receive compensatory payment.
2. In the cases foreseen by the first part of this article, the determined amount of payment cannot be less than the minimal amount of compensatory payment, indicated by this Law.

Article 11. Reasons for Refusal of Payment of Compensatory Payment

1. Compensatory payment in accordance with this Law under no circumstances will not be made in cases when the amount has already been paid, at the moment when the decision of the commission has been made regarding compensatory payment, social and/or insurance payments fully cover the criminal damages, which fall under compensation in accordance to this Law, and also in cases, if the victim or the petitioner, who are demanding compensatory payment have knowingly provided false information, or if in the case that the conditions under which the crime was committed show, that the individual consciously agreed to risk bodily harm or death, or if the bodily harm or death were self inflicted, or if the committing of the crime upon the person were induced through inappropriate or amoral acts.
2. Compensatory payment can be refused in cases foreseen by Article 5 of this Law, or in the case there is a sign, that the injury inflicted upon the person was received as a result of their involvement in a political or military conflict, except in cases where that person can prove otherwise.
3. The illegal receipt of monies must be returned to the state in accordance to legal procedures.
 


Article 12. The Body, by which the Compensatory Payment must be made
 
1. The central body, that is responsible for carrying out compensatory payment and coordination of activities in the sphere of socio-legal protection of victims of crime, is the Ministry of Social Policy, which works through the Central Commission and Territorial Commissions.
2. Commissions are permanently functioning collegial bodies, whose authority and this Law and Resolution on the Commission for Compensatory damage, ratified by the Cabinet of Ministers of Ukraine, determine activities.
3. Members of the Central and Territorial Commissions carry out their authorized work in their general positions at their personal place of employment.
4. The Ministry of Employment and Social Policy of Ukraine insures the activities of the Central Commission and the activities of the territorial commissions are assured by the appropriate oblast state administration.

Article 13. Composition of the commissions the method of formation

1. The Central Commission is composed of three persons appointed by Minister or Employment and Social Policy of Ukraine, and one person from each of the Ministry of Justice of Ukraine and the Ministry of Health Protection of Ukraine.
2. The territorial commissions are composed of two persons appointed by the the Ministry of Employment and Social Policy of Ukraine and of one person each from the Ministry of Justice of Ukraine and the Ministry of Health Protection of Ukraine.
3. Members of the commission are appointed by decree of the heads of ministries, indicated in the first and second parts of this article.
4. The chair, vice-chair and secretary of the Central Commission are appointed from a list of members of the Ministry of Employment and Social Policy, and the heads of and vice heads of territorial commissions are appointed by the appropriate oblast state administrations from the number of members of these commissions.

Article 14. Period of Authority of Commissions

1. The period of authority of the Central Commission is set for a period of five years and the territorial commission – three years.
2. One in the same person cannot be appointed to a commission for more than two terms in a row.
3. In cases, when the allotted period of time for previous commission has expired, and the new commission has not been completely appointed, the obligations of the members of the commissions who have not yet been appointed, are carried out by members of the previous commission, and members of the commission who make up the new commission, who have already been appointed.
 

Article 15. Authority of the Commission

1. In accordance to this Law, the authority of territorial commissions is as follows:
1) Examination of documents submitted by the petitioner, that is requesting compensatory payment;
2) Determining the material well being of the petitioner;
3) Decreasing the amount of compensatory payment, in cases foreseen by this Law;
4) Taking decisions on the fulfilling compensatory payment or decisions on the refusal or fulfilling it;
5) Other authority, foreseen by legislation.
2. The Central Commission, besides the authority foreseen in points 1, 2, 4, 5 of the first part of this Article is authorized with:
1) Examination of complaints regarding decisions made by the regional commissions;
2) Changing the amount of compensatory payment determined by territorial commissions;
3) Ratifying decisions of territorial commissions in the case foreseen by this Law;
4) Canceling decisions made by territorial commissions.
3. In order to carry out their authority, the commissions in exercising their authority can call upon organs of the state government, businesses, institutions, organizations independent of their form of ownership, necessary documents, including those which contain confidential information, that can be related to the matters they are examining.
4. Appointed officials, who refuse to provide information with out just cause, or do not partake in providing it, are accountable in accordance with the law.

Article 16. Organization of the Work of the Commissions

1. Commissions hold their meetings based on the number of petitions they receive that have to be examined, though not lest then twice a month.
2. The meetings of the commissions are authorized, if no less then two thirds of commissions members are present.
3. People who are deemed necessary by the commission can be present at the meetings. The petitioner can be requested to attend the meeting, or witness that will not interfere with the examination of the petition.

Article 17. Rights of Commission Members

1. Members of the commission have the right:
1) To familiarize themselves with the materials submitted for examination by the commission, and participate in researching and verifying them;
2) Draw their own motives and thoughts, regarding any questions of the documents being examined;
3) Put forth proposals regard the decision to be taken by the commission as well as to vote either “for” or “against” the decision of the commission;
4) Use other rights foreseen by legislation.

Article 18. Period for Examination for Compensatory Payment

1. The petition for compensatory payment is examined within a month of its receipt.
2. In the case where additional documents are necessary this period may be lengthened, but not to a period of more than two months.

Article 19. Determining the Amount of Compensation

1. The Cabinet of Ministers of Ukraine determines the organization, the amount and carrying out of compensational payment.
2. Decisions of territorial commissions on compensatory payment of greater than seventy percent and great of a maximal compensatory payment have to be approved by the Central Commission.

Article 20. The Regime of Examining Petitions and Making Decisions by Commissions

1. Examination of petitions takes place collegially.
2. Having obtained all the necessary information regarding the petition, that was submitted,, having examined and evaluated it, the commission takes a decision on the carrying out of either full or partial compensatory payment or to refuse it. In this case, the commission examines only the fact that a citizen received material damage as a victim of crime and its amount, without examining the reason of a criminal case and its motivation and leaving it to competent organs.
3. A decision of the commission is made by a majority of the members of the commission, who participate in the meeting. In the case of a equal vote the deciding vote is taken by the head of the commission or their stead.
4. A decision of the commission is provided in writing; the date and month are obligatory on the decision, the composition of the commission, questions put, and what was examined. The head of the commission and its members, who participated in the meeting, sign the decision.
5. An abridgement of the commission’s decision is sent to the petitioner within seven days, regarding the decision that was made and how it was recorded in the minutes of the meeting, which acts in overseeing the investigation of a criminal case of a crime committed against the life and health of a person and added to the materials of this case, and in cases foreseen by the second part of Article 19 of this Law, within seven days after it has been ratified.
6. The Cabinet of Ministers determines the regime of carrying out the decision of the commission on compensatory payment.

Article 21. The Regime for Appealing a Commission Decision
 
1. The decision of territorial commission regarding the amount of compensatory payment or refusal of payment can be appealed to the Central Commission or to a municipal court within one month of the decision.
2. The decision of the Central Commission in regard the amount of compensatory payment and its payment can be appealed to a municipal court in the period indicated in the first part of this article.


Article22. State Coverage of Expenses for the Payment of Compensatory Payment

1. Coverage of payment, and also the coverage of expenses, related to the carrying out of payment is done at the cost of the State Budget of Ukraine.
2. State expenses to carryout compensatory payment are covered through the examination of a civil suit, regressive demands of a person, the crime that incurred the material damage and which is compensated in accordance with this Law.
3. Argument for a civil suit, regressive demands, indicated in part two of this Article, is a resolution of the organ, which is investigating a criminal case, on bring the given person as a guilty party in the case.
4. A civil suit on the getting compensatory payment from the guilty person is carried out on behalf of the state in a criminal case is the prosecutor in the interest of the state.
5. If a civil suit of the prosecutor on getting compensatory payment from the guilty party was not filed or was left unexamined by the court in the criminal case, the prosecutor is obligated to file the suit in court according to procedures of the judicial process.
6. The examination of the suit filed by a prosecutor, foreseen by this article, is carried out under the rules of the criminal procedural or civil procedural legislation.
7. Obtaining the amount of compensatory payment at the cost of individuals is carried out according to legal procedures. These costs are directed towards the state as income.

Article 23. Oversight of the Proper Carrying out of Compensatory Payment

1. The Ministry of Employment and Social Policy of Ukraine oversees the proper carrying out of compensatory payment and use of monies of the State Budget of Ukraine, aimed at carrying out compensatory payment, indicated by this Law.

Article 24. Accountability for Breaking this Law

1. Persons, guilty of breaking this Law, are accountable according to this Law.

Final Conditions

1. This Law comes into force on January 1, 2007.

2. The conditions of the Law regarding intentional violent crimes carried out before this Law comes into force.

3.Declare that:

The period of activity of the first composition of the Central Commission and territorial commissions begins from the moment their actual commencement of activity, though not earlier than the appointment of the entire composition of each of them.

The Verkhovna Rada of Ukraine determines the limit on amounts of compensatory payment, foreseen by Article 5 of this Law; every year based on the realistic financial possibilities of the state and cannot be decreased during the year.

4. In the enacting laws of Ukraine and other normative legal acts in accordance with this Legislation laws of Ukraine and other normative legal are used in part, which do not conflict with this Law.

5. The Cabinet of Ministers of Ukraine within a three-month period from the day this law is published will ensure the formation of the Central Commission and the territorial commissions.

6. The Cabinet of Ministers of Ukraine within a six-month term from the day this Law is published will:

Prepare and submit to the Verkhovna Rada of Ukraine proposals regarding amendments to legislation of Ukraine in order that they are in accordance with this Law;

Make amendments to normative legal acts so they are in accordance with this Law;

Ensure that acts are passed that are necessary for the realization of this Law;

Ensure that legislation and acts of ministries and other central organs of executive government are brought into accordance with this Law.