TORTURE AND ILL-TREATMENT OF CHILDREN IN UKRAINE

Section 1Analysis of legislation on prevention of torture and ill-treatment of childrenreduction of their ability to work, going by the size of the legally fixed minimumwage.If at the moment of damage to health, the minor had earnings, the damagesshould be compensated on the basis of the size of their earnings, howeverno lower than the legally fixed minimum wage.After the person has begun working according to the qualification theyhave gained, the victim has the right to demand an increase in the size of compensationlinked with a reduction in his or her professional work capacity asa result of the maiming or other damage to health, going by the size of thesalary of people with his or her qualifications, but no lower than the legallyfixed minimum wage.If the victim does not have a professional qualification, and after reachingthe age of maturity remains unfit for work as a result of the maiming orother damage to health caused while still a minor, he or she has the right todemand compensation for damages on a scale no lower than the legally fixedminimum wage.An important point regarding compensation for damages is the issue ofmoral compensation. This is explained by the fact that ill-treatment or torturedo not always lead to damages which can be defined in material terms and calculated.On the basis of Article 23 of the Civil Code, moral damages consist of:1) physical pain and suffering which an individual suffered in connectionwith maiming or other damage to health;2) psychological suffering which an individual suffered in connection withunlawful behaviour directed at them, members of their family or close relatives;3) psychological suffering which an individual suffered in connection withthe destruction or damaging of their property;4) in the belittling of the honour and dignity of an individual, as well as thedamage to business reputation of an individual or legal entity.Moral damages are compensated independently of material damages liablefor compensation and are not linked with the size of that compensation.Thus in cases of torture and ill-treatment, compensation is for moral damages.And yet one can assert that despite all the provisions cited above, thereare no separate institutions in Ukraine’s legislation devoted to mechanisms forcompensating damages caused to a child through torture, cruel or inhumantreatment or punishment. And if in the case-law of European countries, and in67