Conceptualization of the Institute of Compensation for Damages to Persons Unlawfully Subjected to Measures of Criminal Procedural Coercion During Criminal Proceedings
Year: 2024
Type: article
Abstract: The author uses constitutional norms guaranteeing each person a right to the compensation of damages from the state if these damages were inflicted by unlawful actions of bodies of state power and their officials (Art. 53 of the Constitution of the Russian Federation), as well as the clauses interpreting these norms under Part 3, Art. 133, Art. 139 of the Criminal Procedure Code of the Russian Federation and the legal doctrine of the state’s responsibility for damages inflicted by the unlawful use of procedural coercion measures to «the third persons» during criminal proceedings; they are used to identify and analyze the features of an independent institute of the compensation of damages that is not absorbed in the institute of rehabilitation. Special attention is paid to objective and subjective factors constraining its application in court practice (the ongoing process of the development of this institute; drawbacks of the current legal regulation of the corresponding relations; certain consequences of the convergence of criminal and civil procedures of redressing damages together with the attempts to give the civil procedural form to the criminal procedure relations of this type; the lack of unanimity in the court practice in this sphere).The author outlines and substantiates specific trends in the novelization of the Criminal Procedure Code of the Russian Federation aimed at completing the legislative formulation of the unique criminal procedure means of redressing damages to a wide range of persons who suffered property harm in connection with criminal proceedings. Special attention is paid to the conceptualization of theoretical ideas on the essence of provisions in Part 3, Art. 133, Art. 139 of the Criminal Procedure Code of the Russian Federation, to identifying their relation to the «rehabilitation» norms of Art. 18 of the Criminal Procedure Code of the Russian Federation.
Source: Russian Journal of Criminology
Author: Olga Myadzelets
Institution: State Academic University of Humanities
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409085312