Non-pecuniary damages: reasonableness, balance and fairness

At a glance · Bureau introduction

The review identifies the factors and limits relevant to non-pecuniary compensation and stresses an individual assessment of the victim’s losses. Case No. 295/9998/19.

Below is an unofficial English translation of the conclusions in the Criminal Cassation Court’s official 2025 review. CPC means the Criminal Procedure Code of Ukraine.

Determination of a civil claim in criminal proceedings

The court determines the amount of monetary compensation for non-pecuniary harm according to the nature of the offence, the depth of physical and emotional suffering, the impairment of the victim’s abilities or loss of the opportunity to exercise them, the degree of fault of the person who caused the harm, and other circumstances of material significance. The range of the victim’s non-pecuniary losses is open-ended and may, in each particular case, be supplemented by a circumstance affecting the amount of compensation. At the same time, the award must comply with the principles of reasonableness, balance and fairness, must be no greater than sufficient to reasonably satisfy the injured person’s needs, and must not result in unjust enrichment.

Official review, pp. 64 (Ukrainian)

Sources

Unofficial English translation of the conclusions published in the Supreme Court’s official review. The title and brief introduction were prepared by the Bureau. The review contains the principal conclusions; consult the full Ukrainian judgment for the facts and complete reasoning.

Non-pecuniary damages: reasonableness, balance and fairness

At a glance · Bureau introduction

Sources

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