Implementation of the victim's will in the execution of criminal penalties

Subject of research: criminal and criminal procedure legislation of Russia, doctrinal sources. Purpose of research is to determine the scope of the criminal law significance of the victim's will in the execution of criminal penalties. Research methods: dialectical method, modeling method, induction, deduction, interviewing. Object of research is social relations that develop at the stage of the implementation of criminal punishment and change taking into account the active position of the victim. Research findings: the limits of the participation of victims in the consideration by the courts of issues related to the execution of sentences based on doctrinal approaches and the opinions of practitioners are presented; the prospects for changing existing practice in connection with the decision of the Constitutional Court of the Russian Federation dated January 31, 2024 in the case of the review of the constitutionality of the first part of Article 53 of the Criminal Code of the Russian Federation are identified; scientifically based recommendations on taking into account the opinion of the victim in the execution of criminal punishment in the form of restriction of freedom.

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Publication Details

Journal
Yugra State University Bulletin
Published
2025-09-17
DOI
https://doi.org/10.18822/byusu20250336-39
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

Implementation of the victim's will in the execution of criminal penalties

Nikolay R. Shevelev
Yugra State University Bulletin
European Criminal Justice and Data Protection
article

Implementation of the victim's will in the execution of criminal penalties

Nikolay R. Shevelev
article en

Abstract

Subject of research: criminal and criminal procedure legislation of Russia, doctrinal sources. Purpose of research is to determine the scope of the criminal law significance of the victim's will in the execution of criminal penalties. Research methods: dialectical method, modeling method, induction, deduction, interviewing. Object of research is social relations that develop at the stage of the implementation of criminal punishment and change taking into account the active position of the victim. Research findings: the limits of the participation of victims in the consideration by the courts of issues related to the execution of sentences based on doctrinal approaches and the opinions of practitioners are presented; the prospects for changing existing practice in connection with the decision of the Constitutional Court of the Russian Federation dated January 31, 2024 in the case of the review of the constitutionality of the first part of Article 53 of the Criminal Code of the Russian Federation are identified; scientifically based recommendations on taking into account the opinion of the victim in the execution of criminal punishment in the form of restriction of freedom.

Yugra State University BulletinVol. 21(3)
Southwest Minnesota State University (US)
Openalex Percentile: Top 70%
European Criminal Justice and Data Protection
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