Legal provision of personal safety of the victim in criminal proceedings

 
PIIS160565900027562-2-1
DOI10.61205/S160565900027562-2
Publication type Article
Status Published
Authors
Occupation: Chief Researcher of the Center for Criminal, Criminal Procedure Legislation and Judicial Practice
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Moscow, Bolshaya Cheremushkinskaya, 34
Journal nameJournal of Russian Law
Edition
Abstract

The article discusses problematic issues of applying criminal procedural measures of personal security in relation to the victim at various stages of criminal proceedings. The emphasis is on the study of trends in the legal regulation of the participation of a person who has suffered from a crime, in respect of whom state protection is provided. Increased attention is paid to the analysis of the main trends in the development of criminal procedure and other legislation, as well as the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

The purpose of this study is to identify the most appropriate areas for improving the legal regulation of ensuring the personal safety of victims by officials conducting criminal proceedings. Objectives of the study: determination of the main scientific views regarding the current state of protection of victims of crimes contributing to justice during criminal proceedings; identifying the specifics of legislation containing measures of state protection of participants in legal proceedings; justification for the further development of criminal procedural guarantees for the protection of victims from unlawful influence on the part of the accused and other persons.

Methodological basis of the study: dialectical method of cognition, general scientific methods of analysis and synthesis, abstraction, special legal methods.

It is concluded that it is necessary to improve the legal provision of personal safety of persons affected by criminal influence. A forecast of further events regarding the legal regulation of the relations under consideration is proposed. Promising directions of scientific research are indicated with the aim of developing a set of theoretical provisions aimed at solving the problem posed.

KeywordsConstitution of the Russian Federation, Criminal Procedure Code of the Russian Federation, criminal proceedings, criminal procedural guarantees, victim, crime victim, criminal procedural security measures
Received13.09.2023
Publication date29.09.2023
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