Saratov State Law Academy (kafedra ugolovnogo processa, professor)
employee
Russian Federation
UDC 343.12
The author of the given article points out absolute importance of timely and full satisfaction of the property interests of the crime victims. Protecting the property interests of the crime victims including compensation for moral damages results in imposing the criminal proceedings and, accordingly, it should be a focus of the investigator and interrogator's procedural activities while conducting preliminary investigation. Civil claims are said to be one of the means of protecting the property interests of the crime victims. The author of the article notes that the Criminal Procedure Code of the Russian Federation does not directly require prosecutors to ex-plain their rights to the parties involved to file a civil claim that must be tried with a criminal case simultaneous-ly. However, it is explaining this right to the crime victims that begins protecting the property interests of those who have suffered from damages of any kind. In this regard, the author of the given article offers to supplement Article 42 of the Criminal Procedure Code of the Russian Federation with a provision stipulating that a crime victim should be informed of their right to file a civil claim and be assisted in making a claim statement. A crime victim should be given necessary explanations related to the subject matter and basis of the claim paying attention to the evidence available in the case that can support the validity of the property claims of the victims and civil complainants. The author of the article also offers to consider civil claim proceedings as a relatively specific type of procedural proceeding, while conducting the preliminary investigation, taking into account that: — the Plenum of the Supreme Court of the Russian Federation in its specialized resolution uses the term "civil claim proceedings" regarding the mentioned relations; — the Criminal Procedure Code of the Russian Federation does contain a specific regulatory basis for filing and solving a civil claim in the criminal proceedings.
a victim, a civil claim, a civil complainant, seizing one's property, property interests
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