Про відшкодування моральної шкоди за вчинені адміністративні правопорушення в Україні

On Indemnity for Non-Pecuniary Damage for Administrative Offenses Committed in Ukraine

Oleksii Ostapenko, Leontii Chystokletov, Ruslan Skrynkovskyy, Oleksandra Khytra and Leonid Ostapenko

Traektoriâ Nauki = Path of Science, 2018, vol. 4, issue 6, 5001-5009

Abstract: The article considers the issues of moral responsibility of a person guilty of committing an administrative offense in Ukraine. It offers argumentative author’s vision of the possibility and need to consolidate a number of administrative-legal norms with the aim of legal regulation of moral responsibility, both property and non-property. It analyzes the historical aspect of compensation for non-pecuniary damage, as well as defines the conventions of the International Labor Organization, which provide for compensation for damage suffered by the victim. Attention is drawn to the fact that the current administrative law does not provide for the issue of indemnity for non-pecuniary damage for administrative offenses committed. It is noted about the relationship of morality and law and the moral responsibility is separated from the legal one. The concepts of “harm”, “social danger” are disclosed. Moral and non-personal liability are distinguished. The content of moral damage, fixed in the legislation of foreign countries is analyzed. On the basis of the current administrative legislation of Ukraine, circumstances have been clarified that exclude administrative liability, indicating no liability, including for moral damage. The norms of the criminal-procedural legislation of Ukraine, which provide for indemnity (compensation) for damage to the victim at any stage of criminal proceedings are analyzed. Judicial practice is used in this regard. The provisions on conciliation of the parties, on the basis of which the victim has the opportunity to make a decision to refuse to indemnify non-pecuniary damage both before the beginning of the jurisdictional proceedings and during its execution at one or another procedural stage, are considered. The grounds for liability for the moral damage, fixed in the Civil Code of Ukraine are determined. Conclusions are made on the compensation of the moral damage to the victim of property and non-property content, which is one of the conditions for the updating of the administrative legislation of Ukraine. The author’s definition of the concept of indemnity for moral harm is proposed.

Keywords: indemnity; property damage; non-pecuniary damage; morality; moral responsibility. (search for similar items in EconPapers)
JEL-codes: K19 (search for similar items in EconPapers)
Date: 2018
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DOI: 10.22178/pos.35-5

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