Speeding up the criminal proceedings from a position of victim rights protection (illustrated by damage compensation)
Year: 2025
Type: article
Abstract: Introduction. Speeding up criminal proceedings is much more correlated with the public interest of the state than allows to meet the legitimate personal needs to restore rights and legal private interests. However, the search for a balance of private and public interests in modern Russian judicial proceedings necessitates to take into account different conditions and to consider the past periods experience in seeking national primacies for the criminal procedure policy formation. Studying of the criminal procedure code development in various periods of its formation on the example of speeding up mechanisms of criminal proceedings allowed to reveal the evaluation categories failure in the form of «reasonableness» (Art. 61 of the Criminal Procedure Code of the RF) and appropriate administrative compensatory mechanisms to protect the rights of citizens as victims substantially. The administrative compensation mechanism in the internal criminal proceedings addresses the public needs exclusively and does not solve the problem of the de facto absence of the damage compensation institution caused by the crime. Methods. From the position of this problem and on the basis of application of the general scientific research methods (analysis, synthesis, induction, deduction), historical-legal, formal-legal, comparative-legal, systemic and method of legal acts interpretation with a dominant role of comparative-historical method, an attempt has been made to reveal conformity to the development principles of the speeding up of criminal procedures in a historical retrospective to ground modern legislative initiatives. Results. It is concluded that it is necessary to account a person as a victim immediately with the establishment of the event to be a crime and checking activities initiation involving the victim based on his actual situation. This moment should be the key in forming the speeding up of the right for state compensation
Authors: Elena Mischenko, Oleg Tarnavsky
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7090941166