A citizen or legal entity that has suffered material damage from a crime has the right, during criminal proceedings, to bring charges against the accused or persons bearing financial liability for the actions of the accused, civil action which is considered by the court together with the criminal case.

A civil claim in a criminal case is exempt from state fees.

If material damage is caused to a citizen by a crime, he is recognized not only as a civil plaintiff, but also as a victim.

Parents, guardians, trustees or other persons, as well as enterprises, institutions and organizations that, by virtue of the law, bear financial responsibility for damage caused criminal acts accused. A decision on bringing a person as a civil defendant at the preliminary investigation (or inquiry) is made, and a ruling is made at the court hearing.

The civil defendant or his representative has the right to: object to the claim; give explanations on the merits of the claim, present evidence; submit petitions; get acquainted with the case materials in the part related to the civil claim from the moment of completion preliminary investigation; participate in legal proceedings; challenge; bring complaints against the actions of the person conducting the inquiry, the investigator, the prosecutor and the court, as well as bring complaints against the verdict and rulings of the court in relation to the civil claim.

Official admission into a criminal case of a person who has suffered material damage from a crime, his ability to enter into criminal procedural relations during the proceedings, becomes possible only after a decision is made to recognize the person as a civil plaintiff. The issuance of this resolution is preceded by certain procedural actions by the investigator (the person conducting the inquiry). In particular, the investigator, having discerned from the case materials that the crime under investigation caused material damage, explains to the citizen or legal entity (or their representatives) the right to file a civil claim. When a civil claim is brought in a criminal case, the investigator issues a reasoned decision to recognize the person as a civil plaintiff or to refuse to do so.

A decision on recognition as a civil plaintiff is possible if there is the following reasons: a) criminal law - causing material damage directly a crime that is the subject of a preliminary investigation or judicial trial; b) criminal procedural - the presence in a criminal case of evidence indicating that a person has suffered material damage by a criminal offense.

The civil plaintiff is informed about the decision made and explained procedural rights, provided for in Art. 44 Code of Criminal Procedure of the Russian Federation.

A civil plaintiff has the right to exercise his rights personally, through a representative or jointly with a representative.

When causing property damage Through joint actions of a number of persons, a civil plaintiff has the right to present his claims to them for compensation for material damage. However, the presented claim can be considered only on the condition that all these persons are involved in criminal liability on this case.

A civil claim may be brought from the moment the criminal case is initiated until the start of the judicial investigation. If a claim on this basis has already been the subject of civil proceedings and a decision has been made on it, this deprives the plaintiff of the right to bring the same claim a second time in a criminal case.

The court issues a ruling on recognition as a civil plaintiff.

The Supreme Court of the Russian Federation emphasized that the court of first instance does not have the right to leave the claim without consideration, based on the fact that the plaintiffs did not provide evidence to confirm the amount of damage caused by the crime and that a civil claim can be left without consideration only in two cases: a) if the civil claim fails to appear the plaintiff or his representative and b) when rendering a verdict of acquittal if the defendant is acquitted for lack of corpus delicti.

From judicial practice

Mr. Dyagilev O.T. was convicted by a military court of the Russian Federation for committing the premeditated murder of two persons and theft of someone else's property under Art. 105, part 2.

P. "a"; Art. 158, part 1 of the Criminal Code of the Russian Federation to fifteen years and six months of imprisonment in penal colony strict regime.

Along with other crimes, Dyagilev O.T. found guilty of premeditated murder of a sergeant major contract service Lyamina.

Resolving the civil claim of the victim for compensation for damages in connection with the loss of the breadwinner, the court awarded recovery from Dyagilev O.T. for the maintenance of the children of the deceased Lyamin, 385 rubles per month. for everyone until September 24, 2000, i.e. until Kirill reached adulthood, and then for the maintenance of his other son, Daniel, 578 rubles each. 50 kopecks monthly until November 28, 2004

The definition of the Military Collegium states that this judgment is erroneous for two reasons.

Firstly, the court limited the duration of recovery only to the dates when the children of the deceased reached adulthood. Meanwhile, according to Part 2 of Art. 1088 of the Civil Code of the Russian Federation, damage is compensated for minors until they reach 18 years of age, and in the case of studying in educational institutions under full-time education - until completion, but not more than 23 years of age.

Secondly, the court exacted specific amounts from Diaghilev for the maintenance of the sons of the deceased sums of money, however, decided that when the eldest son reaches the age of majority, the amount of damages youngest son increases, which is against the law.

Thus, the court unreasonably increased the amount of damages for the future.

This decision contradicts Part 3 of Art. 1089 of the Civil Code of the Russian Federation. According to this norm, the amount of compensation established for each of those entitled to compensation for damage in connection with the death of the breadwinner is not subject to further recalculation, except in cases of the birth of a child after the death of the breadwinner and the appointment or termination of payment of compensation to persons caring for the dependents of the deceased.

Taking into account these circumstances, the Military Collegium amended the verdict, setting out the decision on the civil claim in the following wording: “Based on Article 1088 of the Civil Code of the Russian Federation, Irina Yuryevna Lyamina’s civil claim for compensation for damages in connection with the death of her breadwinner should be satisfied in full and in her favor, a monthly recovery from Dyagilev Oleg Trofimovich for the maintenance of the Lyamins Kirill and Daniil for 385 rubles 66 kopecks each, starting from February 23, 1998 until these children reach the age of 18 (respectively until September 24, 2000 and November 28, 2004), and in the case of their full-time studies in educational institutions - until graduation, but not more than until they are 23 years old."

A citizen who, for any reason, has not filed a civil claim in a criminal case, as well as whose civil claim has remained without consideration, has the right to bring it in civil proceedings.

During the preliminary investigation, the civil plaintiff has the opportunity to appeal the acts of the investigative bodies and the prosecutor, but during a judicial review, his rights to appeal judicial acts are limited - he can appeal court decisions only insofar as they relate to the civil claim.

The civil plaintiff or his representative has the right to: present evidence; submit petitions; participate in legal proceedings; ask the body of inquiry, the investigator and the court to take measures to ensure the claim they have filed; support a civil claim; get acquainted with the case materials from the moment the preliminary investigation is completed; challenge; bring complaints against the actions of the person conducting the inquiry, the investigator, the prosecutor and the court, as well as bring complaints against the verdict and rulings of the court in relation to the civil claim.

The civil plaintiff is obliged, at the request of the court, to present the documents at his disposal related to the claim brought.

The following may participate in the case as representatives of the victim, civil plaintiff and civil defendant: lawyers, close relatives and other persons authorized by law to represent in criminal proceedings legitimate interests victim, civil plaintiff and civil defendant.

For decades, the fight against crimes committed against civilians has been ongoing. In this case, the injured party can recover damages caused by the crime through the court.

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The culprit must be punished for his crime. This measure is set in judicial procedure, since lynching in our time is inhumane and illegal.

Basic information

If for causing property damage to the victim, the procedure for determining punishment is carried out by the Code of Civil Procedure of the Russian Federation (Civil Procedure Code of the Russian Federation), then in matters of intentional harm to health or death, the Criminal Code of the Russian Federation (Criminal Code of the Russian Federation) comes into force.

What it is

Any specialist will always advise solving the problem peacefully, since resorting to the participation of the court is considered last resort. In practice, this is called pre-trial proceedings.

This is not a mandatory measure, but you can still use it. At the preliminary court hearing, the judge will ask some questions regarding the case presented.

The parties will have to make the best of their evidence relative to each other. The court, based on the facts provided, will allow the participants to resolve the issue of the meeting themselves.

If agreement cannot be reached, then a court hearing will be opened, where the court will pronounce its verdict.

Examples of illegal activities

To file a claim in court, the fact of a violation and crime by the defendant towards the plaintiff is quite sufficient.

In simple terms, committing illegal actions that resulted in a crime. Crime can wear like property nature, and criminal.

Due to theft actions material property the victim, the offender caused damage to others (furniture, equipment, etc.), which in total appears to be a significant amount.

Current standards

All issues are regulated by the current legislation under the Code of Civil Procedure of the Russian Federation and the Criminal Code of the Russian Federation. Depending on the degree crime committed, the articles of direction during the consideration of the case are attached, and also referring to them, the sentence of the guilty person will be carried out.

Article 15 of the Civil Code of the Russian Federation “Compensation for losses” states that the injured person who suffered damage has every right recover compensation from the pest in the form of monetary compensation.

Art. 1064 " General grounds responsibility for causing harm" prescribes who the culprit is, as well as what he must do in mandatory to pay damages.

The law says that if the culprit was able to prove in court that he was not involved in the commission of this case, then he is exempt from paying compensation.

Procedure for compensation for damage caused by a crime

The investigator will help draw up documents for conducting the case. The plaintiff has the right to deal with this issue personally, or additionally collect more documents in addition to those provided according to the investigator’s list.

The following papers may be useful:

1. Copies of statements of claim by the number of parties to the meeting.
2. The presence of the third participant is legalized by a power of attorney.
3. Preliminary court decision, if previously put forward.
4. Proof of ownership by the plaintiff.
5. Evidence of damage caused to the victim.

Drawing up a statement of claim (sample)

When starting to file, please consider the following rules for writing a claim:

In the upper right corner of the sheet	The name of the court to which the document is directly sent is indicated
Below the name of the judicial authority	The details of the parties involved (plaintiff and defendant) are recorded in detail.
In the content part (main part)	The plaintiff explains in detail the reason for going to court and his requirements regarding the claims against the violator
It is advisable to use legislative references to articles	If you understand this
The plaintiff's demands must be specific and significant	Correlative to the matter of consideration, and not according to the principle of an emotional outburst
At the end of the document	It is mandatory to compile a list of attached documents
At the end of it all	The plaintiff certifies the document with the date and his signature

The legislation does not establish a special form of writing, only there are some features characteristic of a statement of claim (described above). Keep a copy of the document for yourself (just in case).

How to calculate the amount correctly

If we talk about compensation on the material side of the matter. Then there are established standards for calculation.

Not only the severity of the damage caused is taken into account, but also the costs incurred for restoration and the like.

Video: compensation for damages in criminal cases

Regarding the calculation of the amount of compensation on the moral side of the issue, everything is ambiguous. Moral compensation to the victim seems to be a purely personal interest.

Because on this side, victims are more guided by emotions and feelings. You shouldn’t forget about the calculation procedure either. The only condition for such requirements from the court is proportionality.

According to Article 151 of the Civil Code of the Russian Federation, the highest and lowest price of the issue is not provided moral compensation, so the amount is arbitrary.

Before filing this type of claim, try to soberly weigh what exactly is bothering you as a victim, what could reduce your suffering.

If we are talking about the death of a loved one or someone close to you, then there can be no talk of money.

But look at the situation from a different perspective, the allocated funds can help cover the costs of a monument or funeral process, as well as help survive for the family that was left without a breadwinner, etc.

Statute of limitations

The limitation period for a claim is three years. Only the countdown begins from the moment the fact of the crime is discovered, and not, as many believe, from the day the offender actually began his activities.

This means that attackers can begin to act much earlier than the owners can notice.

The statute of limitations can be extended if, for some reason, you have not filed a claim in court all this time.

Statement of claim in such cases we relate to civil relations, and accordingly is subject to the Civil Code of the Russian Federation.

On the fact of theft after a court verdict

When a person is found guilty and imprisonment guilty of theft after a court verdict, the damage caused by him can be covered through the resale of his personal property.

The proceeds will be provided to the injured party upon the theft of property.

Emerging nuances

During the enforcement case, previously unclear questions or nuances may arise. Therefore, it would be right to get yourself a competent lawyer.

First, at least familiarize yourself with the theoretical side of the issue. Therefore, as practice shows, without finding out the details of the case, many make mistakes, which is why they constantly have to start reviewing the case all over again.

In case of material damage

To determine the amount of compensation for material damage, it is worth turning to the outcome indicators based on the expert’s opinion. Similarly, documented expenses are taken into account.

This may include the plaintiff's moral damages. The amount of moral compensation can be determined by both the victim and his relatives.

Compensation based on morality can be requested, even if there is the same fault. The investigator of the case is provided with a statement of claim containing a demand for moral compensation for the damage caused.

Consideration of this issue will be carried out as a separate item during court session.

At what stages is compensation possible?

The limitation period for the issue is three years. But this does not mean that only the victim can exercise this right.

After the courts have rendered a verdict in favor of the defendant (guilty), he has the right, within the same three years, to file a claim for compensation for his injured person.

Or the court itself will set a deadline limitation period on the case under consideration. The application must be accepted and considered within 30 calendar days.

What determines the jurisdiction of the case?

The issue of jurisdiction of the case starts from civil proceedings in a court. But, referring to clause 4, part 1, article 73 of the Code of Criminal Procedure of the Russian Federation, it is possible to consider a civil claim together with a criminal one, the proof of which will be carried out on a par with criminal liability.

The claim is filed in accordance with the form established by Article 131-132 of the Code of Civil Procedure of the Russian Federation. According to Article 52 of the Constitution of the Russian Federation, any citizen has the right to receive protection from a criminal.

In accordance with Article 44 Criminal procedural code Russian Federation: Civil plaintiff
1. A civil plaintiff is an individual or legal entity who has filed a claim for compensation for property damage, if there are grounds to believe that this damage was caused to him directly by a crime. The decision to recognize a person as a civil plaintiff is formalized by a court ruling or a decision of a judge, investigator, or inquirer. A civil plaintiff can also file a civil claim for property compensation. moral damage.

2. A civil claim may be brought after the initiation of a criminal case and before the end of the judicial investigation during the trial of this criminal case in the court of first instance. When filing a civil claim, the civil plaintiff is exempt from paying state fees.

3. A civil claim in defense of the interests of minors, persons recognized as incompetent or partially capable in the manner established by civil procedural legislation, persons who for other reasons cannot defend their rights and legitimate interests themselves may be brought by them legal representatives or a prosecutor, and in defense of the interests of the state - a prosecutor.

4. A civil plaintiff has the right: 1) to support a civil claim; 2) to present evidence; 3) to give explanations on the claim; 4) to file petitions and challenges; 5) to give testimony and explanations in his native language or a language that he speaks; 6) use the help of an interpreter free of charge; 7) refuse to testify against yourself, your spouse and other close relatives, the circle of whom is determined by paragraph 4 of Article 5 of this Code. If a civil plaintiff agrees to testify, he must be warned that his testimony may be used as evidence in a criminal case, including in the event of his subsequent refusal of this testimony; 8) have a representative; 9) familiarize himself with the investigative reports actions carried out with his participation; 10) participate with the permission of the investigator or interrogator in investigative actions carried out at his request or at the request of his representative; 11) abandon the civil claim brought by him. Before accepting the refusal of a civil claim, the inquirer, investigator, court explains to the civil plaintiff the consequences of abandoning a civil claim, provided for in part five of this article; 12) at the end of the investigation, get acquainted with the materials of the criminal case related to the civil claim brought against them, and write out any information and in any volume; 13) know about decisions taken affecting his interests, and receive copies of procedural decisions related to the civil claim brought against him; 14) participate in the trial of a criminal case in the courts of the first, second, cassation and supervisory instances; 15) speak in court debates to substantiate the civil claim; 16) get acquainted with the protocol of the court session and submit comments on it;17) file complaints against the actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;18) appeal the verdict, ruling and court decision in relation to the civil claim;19) know about complaints and presentations brought in a criminal case and file objections to them; 20) participate in the judicial consideration of the complaints and presentations brought in the manner established by this Code.

5. A waiver of a civil claim may be declared by a civil plaintiff at any time during the criminal proceedings, but before the court retires to the deliberation room to render a verdict. Refusal of a civil claim entails the termination of proceedings on it.

CRIMINAL PROCESS

A. A. KISELEV

PROTECTION OF THE VICTIM'S RIGHT TO COMPENSATION FOR PROPERTY DAMAGE,
CAUSED BY A CRIME

IN last years Russia's criminal process has undergone major reform. One of the main priorities of the reform was the attitude towards the person, the individual. The relevance and importance of the problem of compensation for harm caused by criminal offenses has been confirmed by numerous works by scientists and law enforcement officers. Evidence of this is that the protection of the interests of victims of crimes, physical and legal entities designated by the legislator in Art. 6 of the Criminal Procedure Code of the Russian Federation (RF Code of Criminal Procedure) as the primary purpose of criminal proceedings. At the same time, disputes continue over the improvement of existing norms that establish the victim’s right to compensation for harm caused by a crime, as well as law enforcement practice.

The topic of compensation for property damage caused by a crime is very voluminous, and it is not possible to consider it comprehensively in one article, so we will dwell on some of the problems of compensation for property damage to the victim.

According to Part 1 of Art. 42 of the Code of Criminal Procedure of the Russian Federation, a victim is an individual to whom physical, property, or moral harm has been caused by a crime, as well as a legal entity in the event of damage to its property and business reputation. Wherein legal basis to recognize a person as a victim is the registration official relevant resolution, which, among other things, indicates the type and amount of damage caused. The actual basis for recognizing an individual as a victim is the fact that the crime directly caused him physical, property, and moral harm. For a legal entity, the factual basis for recognition as a victim is the fact of damage to its property and business reputation.

IN legal literature ways to solve the problem of compensation are being actively discussed victim of harm. The right of the victim to compensation for the harm caused by the crime is his inalienable right, “one of the most important indicators of justice.” A. G. Mazalov and V. M. Savitsky wrote about the right of the victim to full compensation for harm. Full compensation for the harm caused by the crime to the victim proposes to elevate it to the rank criminal law principle N. I. Korzhansky. In order to properly ensure the rights and legitimate interests of the victim, according to V. E. Batyukova, “the principle of restitutio in intecrum, expressed in full recovery in their original form, the rights and legitimate interests of the victim infringed as a result of the commission of a criminal act.” T.V. Klenova writes about the elimination and compensation of material and moral harm caused to the victim. In turn, T. Yu. Pogosyan gives the victim the right to “demand from the criminal and the state the restoration of his legal rights and interests."

The criminal procedure law, using the term “property damage”, does not define it.

In order to reveal the content of property damage subject to compensation to the victim, it is necessary to proceed from its criminal procedural nature, while taking into account the requirements of other branches of law, in particular Art. 15 Civil Code Russian Federation (Civil Code of the Russian Federation).

According to civil law property damage is the expenses that must be incurred to restore the violated right, as well as loss or damage to property ( real damage); lost income that a person would have received under normal circumstances civil turnover, if his right had not been violated (lost profits).

By ensuring compensation for property damage caused by a crime, it is necessary to understand the entire set of actions taken and the relationships that arise during their production, designed to guarantee the fulfillment of the corresponding task of criminal proceedings.

Compensation for damage caused as a result of a crime is carried out at the stages of: initiation of a criminal case, preliminary investigation, trial, execution of a sentence.

Regardless of the form of the petition, as well as whether it was received from the victim at all, the investigator, if there is sufficient information about the crime causing property damage, is obliged to take procedural actions aimed at the fullest possible compensation for the damage caused. Such measures include actions of the investigator aimed at:
to identify persons who are financially responsible for the harm caused;
search for property subject to recovery;
seizure of this property;
taking measures to ensure its safety in order to bailiff could actually use this property for compensation material damage with an appropriate court verdict.

Currently, the main source of compensation for harm to a victim of a crime is compensation for harm by the perpetrators in a civil claim, which is declared by the victim during the consideration of a criminal case or in civil proceedings (Parts 3, 4, Article 42, Article 44 of the Code of Criminal Procedure of the Russian Federation). A civil claim by a victim is practically the only universal way to compensate for damage caused by a crime. However, despite this, in the implementation of this legal institution, problems currently arise that impede the restoration of the rights of a crime victim.

Thus, according to the theory of criminal law, an insane person is not the subject of a crime. Therefore, the content of the norm enshrined in Part 1 of Art. 42 of the Code of Criminal Procedure of the Russian Federation does not apply to cases where harm was caused to the victim by an insane person. But even in the presence of the latter circumstance, the harm does not cease to be such. There is an unreasonable narrowing procedural guarantees victim.

The mechanism for protecting the rights and legitimate interests of the victim in the event that during pre-trial proceedings in a criminal case the person who committed the crime is not identified is also not regulated in Russian procedural legislation. In the presence of this circumstance, criminal proceedings are reduced to the implementation of formal procedures, the implementation of which in no way protects the rights and legitimate interests of the victim, although the starting point of criminal proceedings in most cases is the appearance of the person

who has been harmed by illegal actions.

According to clause 4, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation, the basis for refusal to initiate a criminal case or its termination is the death of the suspect or accused, with the exception of cases when criminal proceedings are necessary for the rehabilitation of the deceased. Everything seems to be correct, but what is the fate of the victim, the civil plaintiff and their right to compensation for damage caused by the crime? For in accordance with Part 2 of Art. 44 of the Code of Criminal Procedure of the Russian Federation, a civil claim may be brought after the initiation of a criminal case and before the end of the judicial investigation during the trial of this criminal case in the court of first instance. Thus, if there is no criminal case, then there is no possibility of recognizing the victim as a civil plaintiff in criminal proceedings.

In addition, the legislator in the Code of Criminal Procedure of the Russian Federation established the possibility of terminating a criminal case through the reconciliation of the parties in relation to a person suspected or accused of a crime, if the person who committed the crime for the first time reconciled with the victim and made amends for the harm caused to the victim, extending it not only to crimes light weight, but also for crimes moderate severity(Article 25 of the Code of Criminal Procedure of the Russian Federation).

As shown arbitrage practice, reconciliation in most cases is directly related to the defendant’s compensation to the victim for the harm caused by the crime. Termination of the case after reconciliation of the parties entails leaving the civil claim without consideration (part 4 of article 213, part 10 of article 246, part 2 of article 306 of the Code of Criminal Procedure of the Russian Federation).

However, the defendant is not always able to immediately pay the victim the entire amount required as compensation and (or) compensation for harm caused by the crime. It is this circumstance that often serves as an obstacle to terminating the case through reconciliation of the parties. A victim who has filed a civil claim, not hoping for voluntary compensation (compensation) for the damage caused by the crime, seeks a court verdict precisely as a procedural document on the basis of which he can initiate enforcement proceedings in relation to the convicted person. And it’s hard to argue with the logic of his behavior. Indeed, if the case is terminated after reconciliation of the parties, the court makes an appropriate decision, leaving the declared civil claim without consideration. Thus, if a person against whom the criminal case was terminated evades voluntary compensation (compensation) for harm, the victim will be forced to go to court again through civil proceedings. At the same time, the decision to terminate the criminal case by virtue of Part 4 of Art. 61 of the Civil Procedure Code of the Russian Federation (Civil Procedure Code of the Russian Federation) does not create prejudice when considering a case in civil procedure, which makes it necessary for the victim to bear the burden of proving the claim in in full. In connection with the above, as well as in order to improve the mechanism for realizing the victim’s right to compensation for property damage, this should be considered legal institute from different positions, including as part of the criminal law, as a criminal law obligation compulsorily executed by the perpetrator.

Modern Russian realities paint quite tangible prospects for expanding the possibilities of realizing the victim’s right to compensation for harm caused by a crime, at the expense of the perpetrator, precisely within the framework criminal law relations. It comes before

all about voluntary compensation for harm, which is considered as positive post-criminal behavior of the perpetrator.

Current legislation attaches special importance to the positive actions of the perpetrator in relation to the victim: they establish special rules imposing punishment aimed at mitigating it (Article 62 of the Criminal Code of the Russian Federation (CC RF)). This norm of the Criminal Code of the Russian Federation should be positively assessed, stimulating the positive post-criminal behavior of the perpetrator, which corresponds to modern ideas about restoring the rights of victims.

Justifying the expediency of introducing this type of punishment, B.V. Sidorov points out: “This would serve as a real confirmation of respect for victims of crimes on the part of the law, would mean recognition of their human dignity by the criminal and the court, would allow us to get rid of the offensive and exhausting procedure of proving one’s rights to compensation for damage caused is in order claim proceedings in court, would finally contribute to achieving the goals of punishment.”

Designated as primary or additional punishment compensation for the harm caused will contribute to the achievement of the goal of restoring social justice. Ensured by the coercive power of the state, such punishment will lead to the speedy real restoration of the status of the victim, which will eliminate his secondary victimization. The findings of the Tenth UN Congress on the Prevention of Crime and the Treatment of Offenders are interesting: “Research has shown that many victims would prefer to receive compensation from the offender... If compensation is awarded in lieu of imprisonment or a fine, it may well be beneficial both the victim and the offender. The payment of compensation by the offender is a direct way of holding him accountable for illegal actions and at the same time serves the financial and moral interests of the victim.” This, in turn, does not mean that it is necessary to replace imprisonment with compensation for harm, but we would like to draw attention to the important idea expressed by the authors of the working document: the introduction of compensation within the framework of criminal liability meets the interests of the opposing parties to a social conflict. Discussing the application of punishment in the form of imprisonment, E. R. Azaryan rightly notes that it “should not interfere with the possibility of restoring the material damage caused to the victim, in otherwise The state must take upon itself the appropriate compensation for the damage caused. This must also be taken into account when legislatively establishing the procedure for offsetting punishment in the form of imprisonment, according to Art. 72 of the Criminal Code of the Russian Federation, the Convention on legal assistance And legal relations on civil, family and criminal cases dated January 22, 1993 (Minsk), as well as relevant international treaties and agreements."

Many researchers are convinced of the need for compensation for damage caused to the victim by the state, in particular V.V. Batuev, not without reason, asserts: “Since when committing a crime and causing harm to the victim, it is the fault of not only the criminal, but also the state itself, which did not provide security for citizens, it should recognize that the victim has the right to count on compensation for harm in full, including at the expense of the state. If the crime was not prevented, the principle should apply

state responsibility for its commission. The state is the guarantor of the rights of society as a whole and each individual individually. The victim has the right to demand from the state the restoration of his rights, including property rights.”

These arguments become even more convincing if you pay attention to the statistical data provided by the Judicial Department when Supreme Court Russian Federation. Thus, in the first half of 2012, the total amount of damage from crimes, determined by judicial acts, as a result of theft, amounted to 10,988,819,078 rubles, other crimes - 4,491,940,099 rubles. Of these, by type of property from theft (other crimes): state - 623,239,903 rubles. (RUB 3,448,398,711); municipal - 80,917,556 rubles. (RUB 55,549,773); public organizations(associations) - 475,711,040 rub. (RUB 32,062,694); private legal entities - 4,169,290,221 rub. (RUB 369,280,193); private individuals— business entities — 1,771,400,288 rub. (RUB 54,504,899); personal property of citizens - 3,868,260,070 rubles. (RUB 532,143,829). At the same time, of the awarded amounts of damage during the specified period, a total of 649,246,889 rubles were recovered from thefts, and 354,597,674 rubles from other crimes. , which is 6% and 23% respectively. In this case, compensation for damage is made only if there is a court verdict. As mentioned above, the victim cannot count on compensation for harm caused by the crime if the offender is not identified or is identified, but is hiding from the investigation and, accordingly, cannot be prosecuted. Thus, more than a third of victims are deprived of the possibility of compensation for harm, since the perpetrators have not been identified.

In the Russian Federation, an attempt was made to legislative level establish a provision for state compensation for damage caused to the owner by a crime. We are talking about Part 3 of Art. 30 of the Law of the RSFSR “On Property in the RSFSR” of December 24, 1990. The economic and organizational unreasonableness of the introduced norm did not allow its application; On January 1, 1995, this Law was repealed. According to M.V. Feoktistov, the initially quite successful and fair idea of ​​​​compensating for damage caused by a crime at the expense of the state suffered a complete fiasco, and when developing the new Civil Code of the Russian Federation, it was simply forgotten.

Today, the state compensates harm to victims only from certain categories of crimes (terrorism, encroachment on the lives of law enforcement officers and regulatory authorities). Due to the adoption Federal Law“On state protection of victims, witnesses and other participants in criminal proceedings” dated August 20, 2004 No. 119-FZ, we should talk about expanding the circle of persons who are social help. Social protection is provided to all categories of persons covered by the concept of “protected persons,” including “victims of crime,” i.e., persons who have been harmed by a crime, but they are not recognized as victims in accordance with Art. 42 of the Code of Criminal Procedure of the Russian Federation, provided that the victim

contributes to the detection or prevention of crime. Grounds for application of measures social protection in accordance with Art. 17 of this Law are the death (death) of the protected person, causing him bodily injury or other harm to his health in connection with his participation in criminal proceedings. It follows that the social protection measures defined by Art. 15 of this Law apply to “victims of crime” in order to avoid secondary victimization resulting from their participation in criminal proceedings.

In addition to the above options for realizing the victim’s right to compensation for property damage caused by a crime, according to researchers, “in the Russian Federation it seems advisable to use such a practice-tested form as making the necessary payments through created for these purposes social funds» .

In most countries, only damage caused to the life and health of citizens is compensated from state funds (USA, UK, Germany, Australia, Japan, etc.); other types of damage, as a rule, are not compensated by the state. However, the extensive system compulsory insurance largely provides compensation payments to the victims.

This route seems to be the most preferable. Many researchers have long been saying that in Russia it is also necessary to create state and public funds: state fund- for compensation for damage caused to the health and life of crime victims, public - for compensation for damage caused to the property of crime victims. Moreover, the resources of these funds should be formed evenly not at the expense of taxpayers, but from the total amount of fines imposed as punishment, confiscated pledges, various duties, fees for legal costs, paid by offenders, various donations, etc. All these funds should not go to the state budget, but to the accounts of these funds for distribution to crime victims.

Thus, it should be understood that the mechanism for ensuring the rights of a crime victim, including compensation for material and moral damage, must be improved. In particular, through the implementation of such effective, in the author’s opinion, measures as:

compensation for harm to the victim by the perpetrator must be ensured by the coercive force of the state and become part of criminal liability. Therefore, the system of types of punishment should include such a type of punishment as compensation for harm caused by a crime, the punitive content of which is to compensate for the harm by eliminating it, providing identical property or cash equivalent; in the return of lost property; in compensation for treatment; in a public apology to the victim; in other ways to make amends for harm;

it is necessary to expand the rights of a civil plaintiff within the framework of criminal proceedings (for example, it seems appropriate to consolidate the plaintiff’s right to change the amount of claims);

It is advisable to create state and public funds to provide assistance to victims of crimes to compensate for the harm caused, etc.

Only through the daily and diligent work of executive, legislative and judiciary authorities, as well as public interest and activity, it is possible to achieve better legal environment, in which the interests of each of us can be respected.