Private Procedure for Criminal Prosecution in Russian Legal Proceedings (Implementation Problems)
( Pp. 233-238)

More about authors
Nikolay G. Shurukhnov
Tula Institute (branch) of the All-Russian State University of Justice (RPA Ministry of Justice Russia)
Tula, Russia Research Institute of the Federal Penitentiary Service of Russia, Moscow, Russia
Abstract:
The purpose of the study is the private order of criminal prosecution, its practical significance, ensuring the rights and legitimate interests of citizens of modern Russia. For its implementation, legislative acts were studied, on the basis of which a retrospective of the development of this institute was briefly given. The formation of its own attitude to the problem was based on understanding the publications of procedural scientists. The main focus is on the procedure for considering criminal cases of crimes under Part 1 of Article 15 of the Criminal Code of the Russian Federation (intentional infliction of slight bodily harm that caused a short-term health disorder or a slight persistent loss of general working capacity); Art. 116.1 of the Criminal Code (beatings by a person subjected to administrative punishment); w. 1 Article 128.1 Criminal Code of the Russian Federation (libel). The special legal status of the victim participating in the criminal prosecution of a private type is indicated. The article provides statistical data from the Judicial Department under the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia on the dynamics of bringing citizens (including those held in places of deprivation of liberty) to justice under the designated articles of the Criminal Code of the Russian Federation. It is pointed out the contradictions between administrative legal (public) and criminal procedure (private) in deciding on the prosecution of persons who have committed such acts again. The conclusion contains the author's argument on changing the type of criminal prosecution - the abolition of charges in court in private
How to Cite:
Nikolay G.S., (2022), PRIVATE PROCEDURE FOR CRIMINAL PROSECUTION IN RUSSIAN LEGAL PROCEEDINGS (IMPLEMENTATION PROBLEMS). Gaps in Russian Legislation, 3 => 233-238.
Reference list:
Grabovskaya N.P., Solodkin I.I., Elkind P.S. On the issue of cases of private prosecution // Uchenye zapiski. L., 1956. No. 202. S. 184.
Dvorzhitsky N. Private prosecution // Journal of the Ministry of Justice. 1897. No. 7. S. 70-104; No. 8. S. 76-103.
Dvorzhitsky N. Private prosecution under the draft new edition of the UUS // Journal of the Ministry of Justice. 1900. No. 9. S. 78-89.
Doroshkov V.V. Private prosecution and stages of its development in Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2015. No. 3. S. 66-69.
Koryakin A.L. Institute of private prosecution in criminal proceedings: dis. … cand. legal Sciences. Surgut, 2015.
Mokrinsky S.P. The situation on the front of the theory of socialist criminal law. M., 1938. S. 9.
Ozhegov S.I. and N.Yu. Shvedova. Explanatory dictionary of the Russian language. 4th ed., add. 80,000 words and phraseological expressions. M., 2000.
Russian legislation of the X-XX centuries: in 9 volumes / under. total ed. O.I. Chistyakov. T. 1: Legislation of Ancient Russia. M., 1984. S. 47-49, 64-73.
Rumyantsev N.V., Gorovoy V.V. Administrative responsibility of suspects, accused and convicts held in institutions of the penitentiary system // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2019. No. 2. S. 211-214.
Titov P.M. Criminal proceedings in cases of private prosecution: author. dis. … cand. legal Sciences. Yekaterinburg, 2021.
Charter of criminal justice. On the original, HIS IMPERIAL MAJESTY'S Own hand is written: "Be according to this." In Tsarskoye Selo on November 20, 1864. 164 p.
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Keywords:
criminal prosecution, private, the victim, the accused, dismissal of the criminal case in connection with reconciliation.


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