Legal Problems on Compensation at the Expense of Budgetary Funds for Damage Caused to a Citizen as a Result of Criminal Prosecution

The article analyzed of the reasons and conditions for compensation provided for the provisions of Art. 134 of the Civil Code of the Kyrgyz Republic; considered the main mechanisms for the payment of compensation for harm caused. Attention is drawn to the legislative gaps: the lack of clear mechanisms for restoring the violated rights of a rehabilitated citizen and payment of compensation to him by the relevant State authority’s, a significant discrepancy in sectoral legal regulation in principal approaches to the consequences of harm and the circumstances appropriate for proving; a number of suggestions are being made to improving the legislation of the Kyrgyz Republic. It is proposed to create a collection mechanism, when the competent law enforcement agencies, whose employees allowed by their action (inaction) to cause moral and material harm to citizens, are obliged to pay the damage established by the court on their own. In the absence of funds, they are obliged, in the prescribed manner, to apply to the authorized state body with an appropriate substantiated application for additional financing with the obligatory attachment of the original court decision and a writ of execution to strengthen financial discipline and responsibility in the realities of the current state economy.

state, citizens, legislation, legality of actions of state bodies, compensation for harm, republican budget, administrators of budget funds