Compensation for damage caused by public authorities

An acquittal or the closure of proceedings is not the end of the story. The state is obliged to compensate for the harm caused by the unlawful actions of the pre-trial investigation authorities, the prosecution service and the court. And it does so regardless of the fault of any particular investigator or prosecutor.

Compensation for damage caused by the state is a separate procedure with its own time limits. It must be initiated; one should not wait for the state to remember the person it has held under suspicion for years.

Most people who have been subjected to unlawful prosecution are simply glad that it is all over — and do not make a claim. The money to which they are legally entitled remains in the state budget.

+38 095 554-54-24 — legal advice

When is one entitled to compensation?

• • an acquittal that has become final;

• the closure of criminal proceedings on grounds of rehabilitation — absence of a criminal act, absence of the elements of an offence, or failure to prove the person’s involvement;
• the quashing of an unlawful conviction followed by the closure of the case;
• a finding that the arrest, detention or search was unlawful;
• the unlawful imposition of administrative arrest or corrective labour.

Important: if proceedings are closed on non-rehabilitative grounds (for example, due to the expiry of the limitation period, amnesty, or reconciliation), the right to compensation usually does not arise. This is a fundamental difference, and it is precisely this that must be checked first.

What is compensable

Earnings and other income lost as a result of unlawful actions — for the entire period.

Property — confiscated, seized and not returned, or forfeited to the state.

Fines and legal costs imposed in accordance with an unlawful judgement.

Legal aid costs — lawyers’ fees paid in a case that was found to be unlawful.

Non-pecuniary damage — for suffering caused by unlawful persecution: loss of reputation, breakdown of relationships, stress, health consequences, time spent in pre-trial detention.

Restoration of employment and pension rights — reinstatement at work, recognition of length of service, restoration of housing rights.

Amount of non-pecuniary damage

There is an important point to note here: the amount of compensation for non-pecuniary damage in cases of unlawful prosecution is not plucked out of thin air — the law establishes a minimum benchmark, linked to the minimum wage for each month spent under investigation, on trial or in prison.

This means that even without ‘dramatic’ evidence, a person who has spent a year under unlawful prosecution is entitled to a substantial sum.

Any amount above this minimum must be substantiated by evidence: medical records, certificates of job loss, media reports, and evidence of the breakdown of family relationships.

Time limits: the main pitfall

The time limit for filing a claim is limited and is calculated from the moment the acquittal or the decision to close the proceedings comes into legal force.

This is the most common reason why people are left empty-handed: the case is over, the person has breathed a sigh of relief, a year has passed — and the right to claim compensation can no longer be exercised.

That is why the first thing we do is calculate the time limit. If it is about to expire, we act swiftly.

Procedure for compensation

1. Verification of the grounds — whether the grounds for closing the case are rehabilitative or non-rehabilitative. This determines everything.
2. Calculation of amounts — earnings, property, fines, legal fees, and non-pecuniary damage.
3. Submission of a claim for compensation to the relevant authority.
4. Court — if your claim has been refused, is being delayed, or the amount awarded is unsatisfactory.
5. Enforcement of the judgment — compensation is paid from the State Budget.

Separately: damage caused by other public authorities

The right to compensation is not limited to criminal cases. Damage caused by unlawful decisions, actions or omissions of any state authority or local government body is also compensated by the state (Articles 1173–1174 of the Civil Code).

Examples: unlawful refusal to grant a permit, unjustified obstruction of activities, an unlawful decision by an authority that has been overturned by a court, as a result of which you have suffered losses.

When a solicitor is not needed

If the authority has recognised the right to compensation and has itself paid an adequate sum, the matter is settled. In practice, this is rare.

You need a solicitor when:

• you have been acquitted or the case has been dismissed on grounds of rehabilitation;
• you have spent time in custody or under house arrest;
• confiscated property is not being returned;
• the amount of compensation offered is not satisfactory to you;
• the limitation period is about to expire;
• the damage was caused by another public authority — not in a criminal case.

How we work

1. We check the grounds — whether they are rehabilitative.
2. We calculate the time limit — and act swiftly if it is about to expire.
3. We calculate all components — earnings, property, fines, fees, and non-pecuniary damage.
4. We prepare a claim with a full calculation and supporting evidence.
5. We pursue the case in court if compensation has been refused or the amount underestimated.
6. We seek actual payment from the budget — this is a separate stage which also requires work.

Cost of services

Full price list · Appeals against police actions

Questions and answers (Compensation for harm caused by the state)

Who is entitled to compensation?

Persons who have been acquitted, whose cases have been closed on grounds of rehabilitation, or whose arrest, detention or conviction has been declared unlawful.

Is there a right to compensation if the case was closed due to the statute of limitations?

Usually not. Closure on non-rehabilitative grounds (statute of limitations, amnesty, reconciliation) does not give rise to a right to compensation. The grounds must be checked first.

What can be compensated?

Lost earnings, confiscated and unrecovered property, fines paid, legal costs, lawyers’ fees and non-pecuniary damage.

How is non-pecuniary damage calculated?

The law sets a minimum benchmark linked to the minimum wage for each month spent under investigation, on trial or in prison. Any amount above this minimum must be substantiated by evidence.

Is there a time limit for making a claim?

Yes, and it is limited — it is calculated from the moment an acquittal or a decision to dismiss the case becomes final. This is the most common reason why people lose their right to compensation.

Is it necessary to prove the guilt of a specific investigator?

No. Compensation is paid by the state regardless of the official’s fault.

Can compensation be claimed for harm caused by other public authorities?

Yes. Compensation for harm resulting from unlawful decisions, actions or omissions by any public authority is paid by the state (Articles 1173–1174 of the Civil Code).

Who pays the compensation?

Compensation is paid from the State Budget. The actual receipt of funds is a separate stage, which also requires support.

What documents should I bring to the consultation?

An acquittal or a ruling to dismiss the case, orders on preventive measures, documents relating to confiscated property, proof of income prior to the prosecution, a contract with a solicitor, and medical records.

Consulting a solicitor regarding compensation for damage caused by the state to the company ‘Svarog’

If you have been acquitted or your case has been dismissed — do not simply rejoice in silence. Send us the verdict or ruling, and we will verify the grounds, calculate the time period and the amount. The state will not remind you of this money: only those who apply in good time will be able to exercise this right.

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