Socials

Assistance to victims in criminal proceedings

The most common misconception among victims is: ‘The investigation will sort everything out.’ It won’t. An investigator handles dozens of cases at once, and any case that makes no progress quietly ‘gets stuck’ and is then closed on the grounds that no offence has been committed.

A victim’s solicitor is not needed to ‘take revenge’ on the perpetrator. They are needed to ensure the case progresses, that the offence is correctly classified, and that you receive genuine compensation, rather than mere moral satisfaction from the verdict.

And most importantly, something the majority of people are unaware of: a civil claim in criminal proceedings is filed without paying court fees. The same claims in a civil court would cost 1 per cent of the amount.

+38 095 554-54-24 — legal advice

Your rights as a victim

  • to submit evidence and make applications — for the examination of witnesses, the appointment of an expert, and the production of documents;
  • to have a representative — a lawyer;
  • to inspect the case file;
  • to appeal against decisions, actions and omissions of the investigator and the prosecutor;
  • to bring a civil claim within the framework of criminal proceedings — without court fees;
  • to take part in the court proceedings and support the prosecution;
  • to express their position on a plea bargain and on the sentence;
  • to appeal against the verdict if they are not satisfied with it.

These rights are of little value if you do not exercise them. In practice, a victim who does not file motions and does not monitor the deadlines becomes a ‘spectator’ in their own case.

 

Victim’s solicitor: rights, civil claim without court fees, appealing against the closure of a case

Three common problems — and what to do about them

1. The statement is not registered in the Unified Register of Pre-trial Investigations

Details of a criminal offence must be entered into the Unified Register of Pre-trial Investigations without delay after the statement is submitted. In practice, however, you may hear: “We’ll sort it out”, “Rewrite it”, or “This isn’t our jurisdiction”.

What to do: submit the complaint in writing with proof of submission, and appeal against the failure to act to the investigating judge. The court will order the information to be entered into the Unified Register of Pre-trial Investigations.

2. The case is closed

The order to close the case is appealed to the investigating judge. The most common grounds for overturning it are: the investigation failed to take obvious steps, did not interview witnesses, did not order an expert examination, and did not request documents.

The overturning of the order returns the case to the investigation stage — and it is often only after this that the case begins to move forward.

3. The investigation has ‘stalled’

Inaction on the part of the investigator — that is, a failure to carry out actions which they were obliged to carry out — can also be challenged. This works: following a ruling by the investigating judge, the case usually gets back on track.

Civil claim: how to get compensation

This is the main reason why a victim needs a solicitor.

A civil claim is filed as part of the criminal proceedings — and without paying court fees. This is a key advantage: the same claim for 500,000 UAH in separate civil proceedings would have cost 5,000 UAH in fees.

What can be recovered:

  • material damages — medical treatment, rehabilitation, repairs, the cost of destroyed property, funeral expenses;
  • lost earnings — for the entire period of incapacity for work;
  • non-pecuniary damages — for physical and mental suffering.

What determines the amount: medical records, receipts, proof of income, expert reports, evidence of the consequences. Claiming an ‘out-of-the-blue’ sum is a sure-fire way to receive a token award.

Against whom: against the defendant, and in certain cases — against the person liable for their actions (for example, an employer).

Settlement agreement: be practical, not take offence

The defendant may propose a settlement agreement — with full compensation for the damage. The emotional reaction is: ‘No deals, let him go to prison’.

A rational one is to do the maths:

  • under a settlement you receive money immediately and in writing;
  • under a court judgement — an enforcement order, followed by years of enforcement proceedings in which the convicted person ‘has no assets’;
  • the court may impose a sentence not involving imprisonment, and without your consent.

We are not trying to persuade you to agree. We are showing you the reality of the situation: how much you will receive in each scenario and when. The decision is yours.

When you do not need a solicitor

If the damage is minor, the defendant admits guilt and is prepared to compensate you voluntarily — you do not need a solicitor.

You need a solicitor representing the victim when:

  • the case is not registered or is closed;
  • the investigation has been at a standstill for months;
  • you want genuine compensation, not just a conviction;
  • the damage is significant — injuries, the death of a loved one, substantial financial losses;
  • the accused offers a plea bargain, and you need to assess whether it is in your best interests;
  • the offence has been under-classified — serious consequences have been classified as minor;
  • the other side has a strong defence team.

How we work

  1. We seek to have the case registered in the Unified Register of Pre-trial Investigations — through the courts, if necessary.
  2. We file motions — for expert examinations, witness interviews and the production of documents. The investigation carries out what it is asked to do in writing.
  3. We monitor deadlines and challenge inaction.
  4. We prepare a civil claim — with a full calculation of damages, free of court fees.
  5. We represent you in court and support the prosecution.
  6. We secure financial compensation — either through a settlement or enforcement proceedings following the verdict.

Cost of services

Service Price
Consultation from 1,500 UAH
Legal opinion: assessment of prospects and calculation of damages from 5,000 UAH
Drafting of applications, motions, complaints and civil claims from 5,000 UAH
Lawyer’s participation in investigative proceedings from 15,000 UAH
Participation in one court hearing from 3,000 UAH
Court representation from 10,000 UAH
Comprehensive ‘turnkey’ representation in criminal cases from 60,000 UAH
Support during enforcement proceedings from 3,000 UAH

A civil claim in criminal proceedings is filed without payment of court fees.

Full price list · Compensation for non-pecuniary damage

Questions and answers (Victim’s solicitor)

Does the victim need a solicitor if there is an investigator and a prosecutor?

The investigator handles dozens of cases and does not act in your best interests. Without applications and oversight, the case will ‘stall’ and then be closed. Furthermore, the investigator does not deal with compensation for damages at all.

Do I have to pay a court fee for a civil claim?

No. A civil claim within the framework of criminal proceedings is filed without paying a court fee. This represents a significant saving: in civil proceedings, it would amount to 1 per cent of the sum claimed.

What should you do if your application is not registered in the Unified Register of Pre-trial Investigations?

Submit it in writing, ensuring the submission is recorded, and appeal against the inaction to the investigating judge. The court will order the information to be entered into the register.

The case has been closed. Is this final?

No. The order to close the case can be appealed to the investigating judge. The most common grounds for overturning the decision are that the investigation failed to take obvious steps: it did not interview witnesses or order an expert examination.

What can be recovered from the person at fault?

Material damages (medical treatment, repairs, destroyed property), loss of earnings and non-pecuniary damages. All of this must be substantiated by documents, not just words.

Is it worth agreeing to a settlement?

This is a matter of calculation, not emotion. Under a settlement, you receive money now; under a court judgement, you get an enforcement order and years of trying to recover the debt from someone who ‘has no assets’. We will outline both scenarios; the decision is yours.

Can the judgement be appealed if the sentence is too lenient?

Yes, the victim has the right to appeal against the verdict.

What should you do if the severity of the harm has been underestimated?

Challenge the classification of the offence and request a second forensic medical examination. Both the charge and the amount of compensation depend on the degree of severity.

What documents should I bring to the consultation?

The crime report and the receipt confirming its acceptance, the investigator’s decisions, medical documents, receipts for treatment, proof of income, and any documents relating to the harm suffered.

Contacting a victim’s solicitor at Svarog

Tell us what happened and let us know what stage the case is at — we’ll advise you on what to do right now to ensure it doesn’t get ‘stuck’, and we’ll work out how much compensation you can realistically claim. A civil claim in criminal proceedings does not require a court fee, so there’s no point in delaying.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00

Free consultation

Leave a request — we will contact you shortly