1. The subject of the dispute is the appeal against the judgment of the court of first instance and the ruling of the appellate court regarding the conviction of a person for intentional homicide (Part 1 of Article 115 of the Criminal Code of Ukraine) and the resolution of civil claims for compensation for moral damages.
2. The court of cassation, while leaving the court decisions essentially unchanged, noted the following: the courts of previous instances thoroughly verified all the arguments of the parties and gave them due assessment, the conclusion about the person’s guilt is based on a combination of relevant and admissible evidence, the standard of proof beyond a reasonable doubt was observed, formal shortcomings in the restored materials of the criminal proceedings did not affect the rights of the convicted person, an increase in the amount of compensation for moral damage does not worsen the position of the convicted person in the context of criminal proceedings. At the same time, the court of cassation, deviating from the previous position, indicated that every person whose right is violated and who has actually suffered damage has the right to compensation for moral damage, and it is unreasonable to limit the circle of subjects who have the right to compensation for moral damage only to those referred to in Part 2 of Article 1168 of the Civil Code of Ukraine, and therefore the appellate court groundlessly refused to satisfy the claim for compensation for moral damage to the injured person.
3. The Supreme Court dismissed the cassation appeals of the convicted person and his defender, partially satisfied the cassation appeal of the representative of the injured party, overturned the ruling of the appellate court in the part of resolving the civil claim of the injured party for compensation for moral damage, and ordered a new hearing in the appellate instance.
