RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of February 7, 2003 No. 2

About court practice in cases on crimes against life and health of the person

According to articles 3 and 27 of the Constitution of Ukraine of people, his life and health, honor and advantage, immunity and safety are recognized the highest social value. The right to life is the inalienable right of the person. Nobody can be willfully deprived of life.

Courts of Ukraine in general fulfill requirements of the legislation which regulates responsibility for crimes against life and health of the person. At the same time there are cases when during judicial review of cases of this category violations of both the material, and procedural law are allowed.

For the purpose of ensuring the correct and identical application of the legislation by hearing of cases on crimes against life and health of the person Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts to need of strict observance of requirements of the legislation that provides responsibility for crimes against life and health of the person.

One of important guarantees of implementation of the human right proclaimed articles 3 and 27 of the Constitution for life and health is unconditional accomplishment of requirements of the criminal procedure law by courts concerning providing the rights of victims of the specified crimes.

In cases on crimes of this type courts shall how to ascertain guilt of defendants and to appoint by it punishment, necessary and sufficient for their correction and the prevention of new crimes, and to take all necessary measures for full recovery of the material and moral damage caused to the victims.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info