国家机关开展业务搜查和审前调查的违法行为对公民造成损害的赔偿和被侵害权利的恢复

V. Hrebeniuk, R. Chornyi, L. Shcherbina
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引用次数: 0

摘要

鉴于确定了乌克兰发展的欧洲方向,鉴于有必要改善对企业的法律管制,并为企业发展创造适当的条件,这与将欧洲联盟法应用于国内法有关,其中尊重人权和自由是一项优先事项,对从事业务和调查活动以及审前调查的国家机关的非法行为对公民造成的损害进行适当赔偿以及恢复其被侵犯的权利的问题变得尤为重要。有人指出,长期以来,在乌克兰发生了许多由这些政府机构的某些官员对企业施加非法压力的案件,对公民造成物质和精神上的损害,侵犯了他们的权利和合法利益。乌克兰目前的立法提供了恢复被侵犯的权利、赔偿损害和将国家机构官员绳之以法的可能性。这项研究有助于确定一套损害责任的民事标志,现代条件下商业安全的刑事程序保障的一些问题,并提出加强这些问题的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Compensation for Damage, Caused to Citizens By Illegal Actions of Government Bodies Performing Operational Search Activities and Pre-Trial Investigation, and Restoration of Their Violated Rights
With the definition of the European vector of Ukraine's development, with the need to improve the legal regulation of business and create appropriate conditions for business development, which is associated with the implementation of European Union law to domestic law, in which respect for human rights and freedoms is a priority, the problem of relevant compensation for damage caused to citizens by illegal actions of state bodies engaged in operational and investigative activities and pre-trial investigation, and restoration of their violated rights, becomes especially. It was stated that for a long time in Ukraine there have been numerous cases of illegal pressure on business caused by certain officials of these government agencies and resulting in material and moral damage to citizens and violation of their rights and legitimate interests. The current legislation of Ukraine provides the possibility of restoring violated rights, compensation for damages and bringing to justice officials of state bodies. The study helped to identify a set of civil signs of liability for damage, some problematic issues of criminal procedural guarantees of business security in modern conditions and develop proposals for their strengthening.
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