Realization of the victim's right to compensation for the harm caused by the crime in modern conditions
The problem of compensation for damage caused by a crime has remained extremely relevant in recent years due to the lack of a protective and restorative mechanism within the framework of criminal proceedings to protect the violated rights and legitimate interests of persons affected by crimes. The emergence of new grounds for exemption from criminal liability, which do not take into account the interests of victims, increasingly exacerbate the existing situation in the field of ensuring compensation for damage caused by a crime and dictate the expediency of taking additional measures aimed at protecting the rights and legitimate interests of victims. The subject of the study is the criminal procedure legislation regulating the issues of compensation for damage caused by a crime, as well as the powers of employees of the preliminary investigation bodies to ensure this activity. The purpose of the study is to develop proposals for improving ways to ensure compensation for harm caused by crimes at the pre-trial stages of criminal proceedings. As a result of the conducted research, the authors came to the conclusion that it is necessary to increase guarantees of ensuring the rights of victims to compensation for damage caused by crimes and to create additional opportunities to stimulate suspects and accused persons to voluntary compensation for harm. The obligation of the State to compensate for damage, enshrined in article 52 of the Constitution of the Russian Federation, finds its realization by transferring these functions to the bodies of preliminary investigation. The scientific novelty of the study consists in the development of changes providing for the introduction of additional restrictions on persons suspected and accused of committing crimes, including using information technology capabilities for this purpose, as part of the preliminary investigation, by analogy with administrative legislation.
Authors
- Vasily Ivanovich Oleinik
- Oksana Leonidovna Podustova
- Kirill Vladimirovich Murav'ev
Publication Details
- Journal
- Полицейская и следственная деятельность
- Published
- 2025-01-01
- DOI
- https://doi.org/10.25136/2409-7810.2025.1.72599
- Primary Topic
- Ukrainian Legal and Forensic Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00