As a victim, you have the right to claim compensation for the harm that you have suffered due to a hate crime. This might be for physical or moral suffering and/or for damaged or lost property.
Request for compensation during trial
In Ukraine, you may request compensation at any time during the pre-trial stage of criminal proceedings. At the beginning of the trial in the court of first instance, you may request compensation only up to the time that the court starts on the examination of evidence. You may ask to be compensated for the loss of:
- damaged or lost property
example A damaged car, or money that you have spent for your treatment in a hospital.
- moral suffering
- physical injury
example If you had been kidnapped and held in captivity, you may request compensation for the moral suffering which you experienced. In addition, you may seek compensation for the physical suffering if you were physically injured because of a crime.
Amount of compensation
In determining the amount of your compensation for moral suffering, the court will consider:
- the gravity of the crime
- the injuries you suffered and their consequences
- the psychological trauma you may have suffered and other factors
Civil claim
If you have not requested compensation during the trial or wish to receive a compensation for the harm suffered due to an administrative offence, you can lodge a civil claim for damages. This claim must be submitted to the civil court. You can file a civil claim for damages even if the criminal court has acquitted the accused.
Compensation & Human rights
Compensation for victims is one of the components of proper redress in cases where suffering has been experienced from hate crimes. Therefore, the State is responsible, firstly, to ensure that the legal framework provides for an opportunity to request such compensation, and secondly, to ensure that the claims for compensation are considered by the pertinent state authorities according to law.
The failure to ensure the legal regulations providing for compensation, or the failure by the pertinent state authorities to award compensation according to the appropriate legal regulations, may result in a violation of the right to an effective remedy.