VICTIM PROTECTION IN CRIMINAL PROCEEDINGS (REPUBLIC OF KAZAKHSTAN AND UK)

2023

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DOI 10.52026/2788-5291_2023_72_1_132
Data confidence 70 medium
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Abstract

This article discusses the issues of compensation for harm caused to victims of crime. Damage is harm caused to the victim, which can violate both property and non-property rights. For example, causing harm to a person, resulting in a loss of income and entailing the need to bear the cost of treatment.Compensation for illegally in icted harm (damage) is of paramount importance in criminal proceedings, due to the fact that it is here that law enforcement agencies have «levers of in uence» to restrict the constitutional rights of a person and a citizen, intrude into personal life, resolving issues of property status and legal status.The issue of compensation for property damage, elimination of the consequences of moral harm and the restoration of other rights of citizens illegally subjected to criminal prosecution, no matter how rare judicial or investigative errors in this area of activity, remains very relevant both in the Republic of Kazakhstan and in the UK. The analysis of compensation for harm based on the legislation of the Republic of Kazakhstan and the UK showed that the objective reasons, rst of all, lie in di erent approaches when determining the amount of damage, as well as the procedure for compensation for the damage itself. The author studied the schemes of compensation for harm, as well as methods for calculating the amount of compensation, and proposed to consider the possibility of implementing some positive aspects in national legislation