Acceso usuarios
Oleg Vitruk
, Svitlana Khodak, Iryna Tkachenko, Oleksandr Aleksiichuk, Leonid Tomash
The purpose of this study is to systematize models for integrating civil law instruments into criminal proceedings and to substantiate directions for enhancing the effectiveness of protecting victims’ property interests. The research employs comparative legal and systemic analysis of national regulations, as well as a generalization of the case law of the European Court of Human Rights (ECtHR), which serves as a benchmark for assessing the effectiveness of property rights protection in the context of criminal proceedings. The methodological framework also includes legal diagnostics of structural risks that reduce the practical effectiveness of compensation, restitution, and interim protection measures. The study identifies three generalized procedural models for the integration of property claims: integrated, partially integrated and formalized (fragmented). It demonstrates that under the formalized model, the property outcome is frequently detached from the criminal process, thereby reducing the timeliness and effectiveness of protection. The study confirms that enforcement remains a critical weak point, often neutralizing the property result even after the formal conclusion of criminal proceedings, while procedural fragmentation and delayed interim protection further weaken the practical accessibility of remedies. The scientific novelty of this research lies in systematizing the models for integrating civil law instruments into criminal proceedings and comparing them with ECtHR standards on effective property protection, which made it possible to identify typical structural risks of inefficiency associated with fragmented procedural design. Its practical significance consists in substantiating directions for improving the procedural integration of compensation, interim property measures and restitution mechanisms in order to ensure real and timely protection of victims’ property interests, including stronger procedural concentration of property-related issues within criminal proceedings, the timely use of interim measures, and better coordination between adjudication and enforcement.
