Filing of a Civil Claim by the Prosecutor in a Criminal Process

A civil claim in a criminal proceeding is aimed at ensuring the rights of the victim and implies a special simplified mechanism of defense. The article highlights several problematic issues related to the theory and practice of a prosecutor filing a civil claim in criminal proceedings and its judicial consideration. In recent years, in Russian criminal proceedings, prosecutors have been quite active in exercising their respective powers, demonstrating a high level of procedural activity. The authors focus on court application of certain criminal procedural norms related to the participation of the prosecutor in maintaining a civil claim. The authors analyze the current judicial practice, draw the readers’ attention to the positions of the courts of first and test instances on various issues of the participation of the prosecutor in filing and maintaining a civil claim in criminal proceedings.

Several suggestions are formulated to improve the practice of the prosecutor»s participation in supporting a civil claim in the Russian criminal process. The authors substantiate the need for more active involvement in the protection of public interests of other officials who may be charged with filing a claim. This will reduce the burden on the prosecutor, who will be able to devote more time to maintaining the state prosecution.