Open AccessProblematic Issues of Protection of Rights and Legitimate Interests of Victims of Crime
Author(s) -
М. А. Желудков
Publication year - 2019
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2019.147.2.081-091
Subject(s) - relevance (law) , officer , political science , procedural law , criminal code , legislature , russian federation , law , criminal procedure , criminology , psychology , criminal law , sociology , regional science
The relevance of the article is that in modern society, ensuring a full fight against crime involves including a solution to various problems in the implementation of the rights and legitimate interests of persons against whom the crime has been committed. For example, in the criminal procedure the rights and obligations of “persons involved in the proceedings when checking reports of a crime are explained under the Criminal Procedural Code of the Russian Federation. Alongside it provides the possibility of exercising these rights to the extent that the procedural actions and procedural decisions affect their interests, including the right not to testify against themselves, their spouses and other close relatives, the range of whom is defined in para. 4 of art. 5 of the Criminal Procedural Code of the Russian Federation. Such persons are provided with the right to use the services of a lawyer, as well as to bring complaints about actions (inaction) and decisions of the investigating officer, the head of division of inquiry, the chief of body of inquiry, the investigator, the head of investigative body in the order established by Chapter 16 of the Criminal Procedural Code of the Russian Federation”. Still this sound rule lacks referencing to certain subjects defined in the Criminal Procedural Code of the Russian Federation. This leads to the fact that legal guarantees for persons who have not received the status of a participant in criminal proceedings remain declarative. The analysis of criminal cases revealed many inaccuracies, legislative gaps and contradictions, which play an important role in the fact that individuals or legal entities in respect of whom the crime has been committed do not have procedural rights to protect their interests within the period up to 30 days. The article aims to develop a mechanism for their protection from the moment of registration of a crime report by law enforcement agencies, taking into account a certain amount of knowledge on the activities of persons who were involved in the criminal process.