SUBSIDIARY APPLICATION OF THE NORMS OF CIVIL LEGISLATION TO CRIMINAL-PROCESSUAL RELATIONS
DOI:
https://doi.org/10.18372/2307-9061.45.12284Keywords:
subsidiary application of norms, civil legislation, criminal procedural legislation, civil lawsuitAbstract
Purpose: the main task of this scientific research is to analyze the current legislation of Ukraine, judicial practice regarding the application of the norms of civil legislation to criminal-procedural relations. Methods: the method of specific sociological research was used in the study of judicial practice and the identification of the law-enforcement significance of the subsidiary application of the norms of civil law to criminal-procedural relations. Results: for the implementation of the norms of civil law, criminal procedure law creates forms for solving in criminal proceedings issues of compensation for material and moral harm caused by a crime, with the help of a civil lawsuit. Discussion: the criminal procedure law chose an intermediate position in regulating the issue of how to overcome gaps, a joint examination of a criminal case and a civil suit has a number of advantages, the courts should pay attention to the need for accurate and consistent compliance with the requirements of the law on compensation of material damage caused by crimes against property to the victims.
References
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