This provision is contained in a draft law on the procedure for compensating for damages caused by unlawful acts committed in the context of criminal and administrative proceedings. It has been submitted by the Ministry of Justice for public consultation.
The draft establishes a unified legal framework for state liability and extends it to courts, prosecutors, criminal prosecution agencies, administrative commissions, and officials investigating offenses. It also covers inaction by government agencies or their improper exercise of authority.
The authors of the bill aim to further improve mechanisms for restitution and compensation for harm caused. In particular, compensation will be provided for wages and other income that a person was deprived of, including lost profits. It also covers property, funds, and interest; the state’s debt obligations and income therefrom; the value of seized property that has been sold; fines; and court costs incurred.
Compensation for emotional distress is also provided for. The amount will be determined by the court and will depend on the severity of the violations, the public impact, and the physical and emotional suffering of the victim.
Damages will be fully compensated from the state budget either by restoring the previous situation or in monetary form based on a court decision. Those responsible for causing the harm will be held criminally, administratively, disciplinarily, or civilly liable in accordance with the law.
