FORMS OF COMPENSATION FOR DAMAGE TO VICTIMS OF ARMED CONFLICT IN THE CONTEXT OF CRIMINOLOGY PROVISION OF TRANSITIONAL JUSTICE: FOREIGN EXPERIENCE AND PERSPECTIVES FOR UKRAINE

Abstract

This article explores the foreign experience of implementing various forms
of reparations for victims of conflicts during transitional justice periods, in which
the rights and freedoms of individuals were grossly violated. The realization of
such forms of reparations as restitution, compensation, rehabilitation,
satisfaction, and non-recurrence guarantees is analyzed using examples from
Argentina, Bosnia and Herzegovina, Georgia, Indonesia, Chile, and the Philippines.
The positive aspects of these practices are highlighted, such as significant funding
allocation for compensation payments (monetary compensation), the
establishment of mixed reparation systems involving not only monetary
payments but also social, medical, and psychological assistance (rehabilitation),
the broad definition of individuals covered by victim status, restitution
concerning immovable property, and the introduction of various measures to
honor the memory of victims (satisfaction). However, negative aspects of
reparations to victims are also noted, such as attempts to substitute investigations
and holding perpetrators accountable with financial compensations, complex
victim identification procedures, the fragmented and inconsistent implementation
of all elements of transitional justice, and discrepancies between the society and
the state on issues of reparations and the general needs of the population during
the transitional period.