Features of the Institution of Civil Action in Criminal Proceedings: Practical Aspects
( Pp. 259-265)

The article is devoted to the study of the institution of a civil claim in criminal proceedings, including on the basis of an analysis of the practice of law enforcement with an emphasis on the reasons for the violation by the courts of the current procedural legislation in the framework of the procedure for considering civil claims. The practical aspects of the implementation of the institution of a civil claim in criminal proceedings in the context of violations of the rights of participants in criminal proceedings revealed by the prosecution authorities, who are simultaneously parties in the case of compensation for property damage caused by a crime or property compensation for moral damage in the order of Part 1 of Art. 44 of the Criminal Procedure Code of the Russian Federation (hereinafter - the Code of Criminal Procedure of the Russian Federation). The author's conclusions are based on the fact that compensation for property damage and property compensation for moral damage by filing a civil claim in criminal proceedings is not only the most common way to satisfy the property and non-property interests of the victim of a crime, but also the most complex and changeable way of realizing the corresponding rights of a civil plaintiff. , taking into account the need to take into account, when applying the relevant provisions of the Code of Criminal Procedure of the Russian Federation, the latest practice as the Supreme Court of the Russian Federation, the generalized practice of courts of general jurisdiction and the European Court of Human Rights. Based on the above, the purpose of the study is to analyze the law enforcement practice of implementing the institution of a civil claim in criminal proceedings and to determine the effectiveness of its application.

Volchenko A.V., Lakeeva E.V., Lazarev D.S., (2021), FEATURES OF THE INSTITUTION OF CIVIL ACTION IN CRIMINAL PROCEEDINGS: PRACTICAL ASPECTS. Gaps in Russian Legislation, 6 => 259-265.

Civil Code of the Russian Federation (part one) of 30.11.1994 N 51-FZ (as amended on 28.06.2021, as amended on 08.07.2021). // "Collection of legislation of the Russian Federation", 05.12.1994, N 32, art. 3301.
The Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ (as amended on July 1, 2021). // "Collection of legislation of the Russian Federation", 18.11.2002, N 46, art. 4532.
The Criminal Procedure Code of the Russian Federation of 12/18/2001 N 174-FZ (as amended on 07/01/2021). // "Collected Legislation of the Russian Federation", 24.12.2001, N 52 (Part I), Art. 4921.
The Criminal Code of the Russian Federation of 13.06.1996 N63-FZ (as amended on 01.07.2021) (as amended and supplemented, entered into force on 22.08.2021). // "Collection of legislation of the Russian Federation", 17.06.1996, N 25, art. 2954.
Federal Law of 25.04.2002 N 40-FZ (revised from 02.07.2021) "On compulsory insurance of civil liability of vehicle owners" (as amended and supplemented, entered into force on 22.08.2021). // "Collection of legislation of the Russian Federation", 06.05.2002, N 18, art. 1720.
"Convention for the Protection of Human Rights and Fundamental Freedoms" (Concluded in Rome on 04.11.1950) (as amended on 24.06.2013) (together with "Protocol [N 1]" (Signed in Paris on 03.20.1952 ), "Protocol No. 4 on ensuring certain rights and freedoms in addition to those already included in the Convention and the first Protocol thereto" (Signed in Strasbourg on September 16, 1963), "Protocol No. 7" (Signed in Strasbourg on November 22. 1984)) [Electronic resource]. // Access mode: http://www.consultant.ru/document/cons_doc_LAW_29160/
Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.07.2013 N 24 (as amended on 24.12.2019) "On judicial practice in cases of bribery and other corruption crimes." // "Bulletin of the Supreme Court of the Russian Federation", N 9, September, 2013.
Resolution of the Plenum of the Supreme Court of the Russian Federation of 13.10.2020 N 23 "On the practice of consideration by the courts of a civil claim in a criminal case." // "Bulletin of the Supreme Court of the Russian Federation", N 12, December, 2020
The case "Ignatkina v. Ukraine" dated 05.21.2015 No. 70758/12 [Electronic resource]. // Access mode: http://search.ligazakon.ua/l_doc2.nsf/link1/SOO00731.html
Sase of Sabanchiyeva and Others v. Russia (Application no. 38450/05) Elektronnyyresurs . // Rezhimdostupa: https://hudoc.echr.coe.int/rus quot;fulltext quot;: quot;Sabanchi-yeva 20and 20Others 20v. 20Russia quot; , quot;documentcollectionid2 quot;: quot;GRANDCHAMBER quot;, quot;CHAMBER quot; , quot;itemid quot;: quot;001-120070 quot;
Balovneva V.I. Ensuring the protection of property and non-property rights of the victim - a legal entity in criminal proceedings: diss. ... Ph.D. - Orenburg, 2018.- 220 p.
BolshakovaYa.S. Civil lawsuit as a form of realization of the right of citizens to compensation for harm caused by a crime. // MNIZH. - 2020. - No. 7-2 (97). - S. 149-151.
Vinogradov V.A. Distribution of the burden of proof between the public prosecutor and the civil plaintiff during the consideration of a civil claim by the court of first instance. // Siberian Legal Bulletin. - 2015. - No. 4. - S. 115-118.
European Court of Human Rights. Guide to Article 6 of the Convention. The right to a fair trial (civil legal aspect) [Electronic resource]. // Access mode: https://www.echr.coe.int/Documents/Guide_Art_6_rus.pdf
Endoltseva A.V. Voluntary compensation to the suspect, accused of the harm caused by the crime as one of the means of restoring the violated rights of the victim. // Bulletin of economic security. - 2016. - No. 5. - S. 33-39.
Kondrat I.N. Topical issues of a civil claim in criminal proceedings. // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. - 2019. - No. 2. - S. 167-169.
Matejkovich M.S. Civil action in criminal proceedings: law, doctrine, judicial practice. // Journal of Russian Law. - 2020. - No. 3. - S. 103-118.
PanchenkoV.Yu., Mikhaleva A.E. Legal Regime for the State to Provide Compensation for Damage Caused to the Victim. // Legal Science. - 2017. - No. 4. - P. 77-84.
The first cassation court of general jurisdiction [Electronic resource]. // Access mode: https://1kas.sudrf.ru
Polyakov M.P., SmolinA.Yu. The principle of procedural economy in criminal proceedings. - N.

civil action, cross-sectoral institution, criminal justice, civil claimant, civil defendant.