The state must compensate victims of crimes committed by law enforcement officers during the Revolution of Dignity – Supreme Court
The Supreme Court indicated that the state is responsible for the actions of officials of its bodies. A civil claim by a victim of a crime committed by an official against the state can be considered in the criminal proceedings concerning such an official.
In the criminal proceedings reviewed by the Grand Chamber of the Supreme Court, the court convicted and sentenced the former deputy commander of the special police regiment "Berkut" for treason, abuse of power and official authority, illegal obstruction of assemblies, rallies, marches, and demonstrations during the events of the Revolution of Dignity at Independence Square in 2013, which was committed by an official following a clearly criminal order, using physical violence.
The Grand Chamber of the Supreme Court considered the cassation appeal of the Ministry of Internal Affairs of Ukraine, which, among other things, emphasized the mandatory application of the approach established in the Supreme Court’s practice regarding the state's responsibility for damage caused by an official of its body.
The issue before the Grand Chamber of the Supreme Court was whether the state can act as a civil defendant in criminal proceedings upon the victim's claim for compensation based on Article 1174 of the Civil Code of Ukraine, given that the state is not explicitly named as a civil defendant in Article 62 of the Criminal Procedure Code of Ukraine.
The Grand Chamber concluded that under Article 1174 of the Civil Code of Ukraine, the obligation to compensate for damage caused by an official or employee of a state authority as a result of a criminal offense related to the use of their official position and violation of their official duties lies directly with the state. The state, as a civil defendant, participates in the proceedings based on the provisions of part 3 of Article 127, part 5 of Article 128 of the Criminal Procedure Code of Ukraine, and part 2 of Article 48 of the Civil Procedure Code of Ukraine through the relevant state authority, usually the body whose officials caused the damage.
The ruling of the Grand Chamber of the Supreme Court dated May 27, 2026, in case No. 754/1519/22 has not yet been published in the Unified State Register of Court Decisions.
Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp pages on Facebook and Instagram to stay informed about the most important events.
