Young and healthy Borys* suffered a head injury in 1996. He was beaten by 2 young people who have been punished. However, Borys did not get any compensation from them. He decided to demand compensation for moral and material damage in court, as he has to be constantly treated after the beating.
Borys visited Nataly Dubrova, the lawyer of Kovel Community law center, in March, 2013. He told her that he has become a disable person of group III after the beating in 1996. 2 criminals served their sentences, but did not give any compensation for treatment. Now Borys has to have an operation on the head which costs about 15 000 UAH. He wondered whether he could receive compensation for moral and material damage.
To answer the question, the lawyer had to find confirmation that the operation is the consequence of that very injury. She also had to obtain official data on the cost of the operation. She analyzed all the documents, medical certificates, made inquiries of the hospitals. She also requested Volyn regional hospital on the cost of operation and the list of necessary medication for operation and rehabilitation.
All answers have become the base of claim to the Kovel city regional court to compensate moral and material damage after the crime. The lawsuit was on the charging of 100 000 UAH jointly from both offenders.
Borys received the decision of Volyn court of appeal.
Kovel city regional court partially satisfied the claims, decreasing the compensation to 20 000 UAH. Defendants did not agree with such decision and filed an appeal.
Court of appeal upheld the ruling. Thus, Borys’ offenders have to pay 10 000 UAH compensation each. However, court’s decision is still not the guarantee of getting money. The procedure of decision enforcement should be completed. Borys has already got an execution letter, turned to Kovel Executive State Service to enforce proceedings to claim money from the defendants.
We hope that State officials will find the opportunity to get money from Borys’ offenders as he needs operation done now, not in several months.
*Name is changed due to ethical considerations