Reimbursement of Harm to a Victim in the Event of the Death of a Person Guilty of Committing a Crime and Termination of Criminal Proceedings
The author concludes that it is necessary to reform the system of law enforcement of this issue. Thus, the current jurisprudence shows that, despite the orders of the highest law enforcement officer on the consideration of civil claims directly in the administration of justice in criminal cases, most of the civil claims are left for independent consideration. This is inevitable in the event of the guilty person's death. Since a victim has already suffered negative consequences as a result of the committed act, a repeated appeal to the court in defense of their rights and interests with an unsecured prospect of the execution of a court decision will lead to the insolvency of everyone's right to compensation for harm caused by the crime, guaranteed by the Constitution of the Russian Federation. The author proposes to supplement the current legal system with the institution of free legal assistance from professional participants in the legal services market to victims of crimes. It is necessary to develop a mechanism for appointing an adviser on legal issues, who would provide qualified legal assistance to victims, ensure the collection of the necessary documents, the preparation of procedural documents, and support during the consideration of the case by the court. It is expedient to organize legal assistance to victims at the expense of the federal budget with the subsequent appeal of claims for compensation for costs incurred to the perpetrators. This would contribute to the early restoration of the property rights of the victim through both filing a lawsuit with the court and providing assistance in the course of enforcement proceedings.
Keywords
rights and freedoms of the victim, protection of the rights of persons held criminally liable, civil action, criminal proceedingsAuthors
Name | Organization | |
Shaina Mariya A. | Kemerovo State University | mshaina@yandex.ru |
References

Reimbursement of Harm to a Victim in the Event of the Death of a Person Guilty of Committing a Crime and Termination of Criminal Proceedings | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2021. № 18. DOI: 10.17223/23088451/18/14