Judicial Ensuring in Criminal Procedure the Victim’s Right to Compensation of Damage Inflicted by an Offence
Abstract
The article raises the issue of certain aspects of ensuring the right of the victim in compensation in the criminal proceedings for compensation for the damage caused by a crime. In particular, the procedural procedure of participation of the victim in the criminal trial proceedings in the cases when the last procedure of collection in his favor of the damage inflicted by the crime, including the non-material nature, was analyzed. The special attention to illumination of right for a victim is spared on redemption of all losses caused of creation, in relation to him, harmful terms, as result of illegal actions, that is one of important elements in constitutionally certain to the duty of the state according to and to providing of rights and freedoms of man. Also, the article critically analyzes the relevant procedural provisions of the legislation regarding the direct possibility of the victim's participation as a civil plaintiff in the criminal process, in particular the availability of financial conditions (the obligation to pay court fees in a specified case law), the correlation of such circumstances with the general principle of equity and access to justice. At the same time, the article outlines some aspects of the protection of the rights and legitimate interests of victims of crimes that are the subject of research and in scientific literature. In the course of the analysis of the mentioned issues concerning provision of the right of the victim to compensation for damage caused by a crime, the article proposes appropriate mechanisms which, with a high degree of probability, will ensure the creation of idealized conditions for building trust of each person that the violated right will be restored without unnecessary procedural delays.
Downloads
Abstract views: 104 PDF Downloads: 117
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
