Ukraine May Legalize Compensation for "Excessive" Detention — Changes Are Already Being Considered in Parliament

The Verkhovna Rada Committee on Human Rights supported further development of a bill that could expand citizens' opportunities to receive compensation for excessive detention in cases where a person was actually held longer due to incorrect qualification of a criminal offense.

Compensation for excessive detention

The Verkhovna Rada Committee on Human Rights, De-occupation and Reintegration of Temporarily Occupied Territories of Ukraine, National Minorities and Interethnic Relations reviewed bill No. 15203 regarding the right to compensation for moral damage due to incorrect qualification of a criminal offense and excessive detention.

Following the review, the committee decided to appeal to the Verkhovna Rada Committee on Legal Policy with a proposal to consider its remarks during the document's processing.

The document proposes amendments to Article 1176 of the Civil Code of Ukraine and aims to expand individuals' rights to compensation for moral damage in cases of incorrect qualification of a criminal offense and excessive detention.

What the bill on compensation for moral damage proposes

As noted by the "Judicial and Legal Newspaper", the bill aims to align national legislation with Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the practice of the European Court of Human Rights, and the Supreme Court.

The author of the document reminds that according to part two of Article 10 of the Civil Procedure Code of Ukraine, courts apply the Constitution of Ukraine, laws, and international treaties whose binding consent was given by the Verkhovna Rada during case consideration. Additionally, Article 17 of the Law "On the Execution of Decisions and Application of the Practice of the European Court of Human Rights" provides for the application of the ECHR's practice as a source of law.

The explanatory note also draws attention to the provisions of Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to liberty and personal security, as well as the right to compensation in case of unlawful arrest or detention.

At the same time, as the bill's author notes, according to the ECHR's practice, it is not mandatory for the arrest or detention to be recognized as unlawful at the national level to award compensation.

The "Shulhin v. Ukraine" case and the ECHR practice

The document separately mentions the "Shulhin v. Ukraine" case, in which the European Court of Human Rights found a violation of paragraph 5 of Article 5 of the Convention due to the refusal of national courts to award compensation to the applicant for unlawful deprivation of liberty for over two years. The applicant's appeal was based on a Supreme Court decision that partially overturned the verdict and reduced the sentence by more than two years, but by that time the person had already served the originally imposed sentence.

The ECHR recognized the national courts' approach as excessively formalistic and inconsistent with the Convention's requirements.

The position expressed by the Supreme Court

The explanatory note also presents the legal position of the Supreme Court, stated in the ruling dated October 15, 2025, in case No. 216/5629/23. The court concluded that a person has the right to compensation for moral damage in case of excessive detention caused by incorrect qualification of a criminal offense, even if the charges were later requalified to a lesser offense.

Proposed changes to the Civil Code

The bill proposes to supplement Article 1176 of the Civil Code with a new provision according to which the right to compensation arises from the moment of actual detention exceeding the sentence term defined by the final court decision.

Specifically, it is proposed to establish the following norm:

"The right to compensation for damage caused to an individual by excessive detention resulting from incorrect qualification of a criminal offense by pre-trial investigation bodies, prosecution, and court arises from the moment of actual detention exceeding the sentence term determined according to the established legal qualification of the criminal offense in the final court decision."

If adopted, the law will come into force the day after its publication.

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