On the Issue of Ensuring the Safety, Protection of the Rights and Freedoms of Victims in the Framework of Criminal Proceedings
( Pp. 24-27)

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Kankulov Anzor Khusenovich Cand.Sci.(Law), Lecturer of special technical training Department
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
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Abstract:
In this article, the author explores one of the most topical issues of the criminal process - ensuring the safety and protection of the rights and freedoms of victims, as the basis of criminal proceedings. In the course of analyzing the data of statistical and sociological studies, it becomes obvious that there are gaps in the legislation regarding measures to protect victims. The features of the practical application of the institute for the protection of victims are reflected in the article and make it possible to draw clear conclusions about the system of legislative norms governing the safety of the victim. The Constitution of the Russian Federation enshrines the rights and freedoms of citizens, which can be violated only in accordance with the established legal procedure, everyone has the right to freedom of movement, but when committing an illegal act, measures of restriction of freedom or other preventive measures are applied to a citizen. Also, ensuring their rights and freedoms is the basis of the state policy of the rule of law. The Russian system of criminal justice is quite modified and has leverage on the aggressor in an acute conflict situation, but despite this, the victim still does not feel completely safe. Based on the above legal conflicts, we consider it necessary to amend the Code of Criminal Procedure of the Russian Federation, namely, to ensure the security of the identity of the victim, not to disclose true data about him without his consent. It is noted that it is necessary to reform not only the institution of protection and safety of the victim, but also related norms. So there is the possibility of replacing documents, changing jobs, places of residence, but this is not regulated by the norms of housing, labor and other legislative acts. That is, there is a possibility, but in practice its implementation takes a lot of time and brings a lot of inconvenience in everyday life. The study concludes that in situations of vulnerability of citizens, when it is necessary to apply a system of measures to ensure protection and security, public authorities should respond and provide the necessary assistance in a more coordinated and efficient manner.
How to Cite:
Kankulov A.K., (2022), ON THE ISSUE OF ENSURING THE SAFETY, PROTECTION OF THE RIGHTS AND FREEDOMS OF VICTIMS IN THE FRAMEWORK OF CRIMINAL PROCEEDINGS. Gaps in Russian Legislation, 4 => 24-27.
Reference list:
Code of Criminal Procedure of the Russian Federation of December 18, 2001 N 174-FZ (as amended on March 24, 2021).
Federal Law No. 119-FZ of August 20, 2004 (as amended on July 1, 2021) “On State Protection of Victims, Witnesses and Other Participants in Criminal Proceedings”.
Victims of crime: in the hope of justice. All-Russian poll of VTsIOM. 2017, 1600 respondents in 82 constituent entities of the Russian Federation // VCIOM website. URL: https://wciom.ru/index.php?id=236&uid=536 (date of access: 03.03.2022).
Kapitsyn V. M. State and tasks of realization, provision and protection of human and civil rights and freedoms in the Russian Federation (answers of scientists) / V. M. Kapitsyn, S. Yu. Mirolyubova, E. V. Drigola // Constitutional and municipal law . - 2012. - No. 3. - P. 8-15.
Karavaev I.V. Issues of the implementation of the right of suspects and accused persons in custody to correspond and receive parcels// Library of criminal law and criminology. - 2018. - No. 3. -S. 108-114.
Karavaev I.V. Legal regulation of granting visits to suspects and accused persons in places of detention / I.V. Karavaev // Criminal Executive Law. - 2015. - No. 1. - P. 84-87.
Kiyko N.V. Correlation of subjective rights and legitimate interests of convicts / N.V. Kiiko // Man: Crime and Punishment. - 2016. - No. 1. - P. 90-94.
Kravtsov I.P. Standard Minimum Rules for the Treatment of Prisoners / I.P. Kravtsov // Soviet justice. - 1992.- No. 2.-S. 20-22.
Kruss V.I., Kopylov V.V. Some problems of implementation of the legal status of a person accused of committing a crime and held in custody // Man: crime and punishment. 2010. №1. S. 109.
Kulikov V. Sit on your health. Prepared materials of the medical examination while serving a sentence of "15 days" / V. Kulikov // Rossiyskaya Gazeta. - 2013. - 22.
Keywords:
security, criminal proceedings, victim, protection, rights and freedoms, rule of law.


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