Civil lawsuits in cases related to human trafficking for compensation of property damage and moral damage by filing a civil lawsuit
One of the important issues that arise when considering cases related to human trafficking is the issue of compensation for victims. According to article 71 of the CPC, the victim has the right to compensation for property damage and moral damage by filing a civil claim. In 1983, the Council of Europe adopted the European Convention on Compensation for Victims of Violent Crimes, which entered into force on February 1, 1988. The prescribed practice in European countries of compensating victims from a special fund for the support of victims of crime, which is accumulated not from taxpayers' money, but through the confiscation of criminally obtained funds, fines and seized property, is aimed at protecting the interests of victims. Taking this into account, the new Criminal Procedure Code of the Republic of Kazakhstan also provides for the creation of a Compensation Fund for Victims. Victims will be able to immediately receive full or partial state monetary compensation from this fund. The terms and procedure for compensation of damage to victims from the specified fund will be provided for by the legislative act on the victims Compensation fund.
The main purpose of the Foundation's formation is to create favorable conditions for the victim, to provide him with financial assistance, since one of the most effective tools of "restorative justice" is precisely the financial support of victims of criminal offenses. Of course, the creation of the Fund will strengthen the protection of the rights and legitimate interests of victims. As the generalization showed, victims rarely file claims for damages for crimes related to human trafficking. It follows from the studied case materials and judicial acts that civil claims for compensation for moral damage are mainly filed. This circumstance is related to the specifics of this category of cases, when victims are unable to provide evidence of the material damage caused to them. Civil claims of victims for compensation for moral damage by the courts are satisfied on the basis of the requirements of part 2 of Article 951, part 2 of Article 952 of the CPC. The courts correctly point to the violation of personal non-property rights and benefits, the moral or physical suffering of the victims, which they experienced as a result of the crime committed.
Thus, the verdict against B., convicted under paragraph "h" of part 2 of Article 128 of the Criminal Code, partially satisfied K.'s civil claim for compensation for moral damage. At the same time, in the descriptive and motivational part of the verdict, the court did not provide a justification for the decision to partially satisfy the civil claim of K. The decision to fully or partially satisfy the claim is made by the court based on the evidence of the nature and extent of the damage caused, the circumstances in which it was caused. According to the clarifications of paragraph 6 of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan No. 3 dated June 21, 2001 "On the application by courts of legislation on compensation for moral damage", the amount of compensation for moral damage in monetary terms should be considered fair and sufficient if, when determining its amount, the court takes into account all the specific circumstances related to the violation of personal non-property rights of a citizen, and The amount of compensation established by the court makes it possible to draw a reasonable conclusion about the reasonable satisfaction of the plaintiff's claims. However, the verdict does not specify the reasons for the decision to partially satisfy the civil claim. The facts of unjustified abandonment of civil lawsuits have not been eliminated. An example is the verdict against K. and D., convicted under part 1 of Article 178, paragraph "b" of part 3 of Article 126 and paragraphs "a, c, d, w, I, k" of part 2 of Article 133 of the Criminal Code. The court found them guilty of unlawfully depriving minors of their liberty. and Yu., unrelated to their abduction by a group of persons by prior agreement, using their material dependence, for the purpose of their exploitation, the purchase and sale of minors by a group of persons by prior agreement, their recruitment, transportation, transfer, concealment for the purpose of exploitation, with the use of violence and the threat of its use, against two persons, by deception and abuse of trust, using the material dependence of the victims. A civil claim is subject to satisfaction in whole or in part if a guilty verdict is passed by the court in a criminal case. Having found K. and D. guilty and passed a guilty verdict, the court, contrary to the requirements of part 3 of Article 169 of the CPC, without examining the merits and resolving the victim's civil claim, decided to recognize the minor victim B.'s right to satisfy the civil claim and resolve the issue of its size in civil proceedings. Whereas the court had the opportunity and was obliged to resolve the civil claim in the criminal process.
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