Civil Claims in Criminal Proceedings in Russia: Practical Issues and Ways to Improve

The subject of the research is the institution of civil claim in the Russian criminal process as a synthesis of private law and public law principles. The object of the research consists of legal relations arising in connection with the submission and examination of claims for property restitution and compensation for moral harm within the framework of criminal proceedings. The author thoroughly examines aspects of the topic such as the concept, subject, and grounds for a civil claim in a criminal case, the specifics of the composition of the parties involved, as well as the procedural advantages for the victim, including exemptions on state duty and the definition of jurisdiction. Special attention is paid to the analysis of the limited nature of the subject of the claim, which excludes from joint consideration regression, counterclaims, and other requirements that go beyond the immediate harm caused by the crime. Additionally, the distribution of the burden of proof, which is largely placed on the prosecution, is explored. The study employs general scientific and specific scientific methods: formal-logical, comparative-legal, systematic analysis of legislation and judicial practice, as well as the method of interpreting legal norms. The scientific novelty of the research lies in the comprehensive analysis of systemic problems of legal regulation and law enforcement practice related to the civil claim in criminal proceedings, as well as in the justification of specific proposals for its improvement. As key conclusions, the author asserts that, despite the declared advantages (procedural economy, benefits for the victim), the institution is characterized by serious shortcomings. These include the fragmentary nature of the norms in the Criminal Procedure Code of the Russian Federation, the vulnerability of the victim's position when the prosecutor refuses to prosecute, contradictory practices of so-called “resolution of the claim on the merits” with the transfer of the issue of the amount of compensation to civil court, as well as gaps in the regulation of notifying the plaintiff. The study demonstrates the feasibility of maintaining the institution while pointing to the necessity of its precise reform. The main ways of improvement are seen in legislative strengthening of guarantees for the rights of civil plaintiffs, detailing procedural aspects, and actively utilizing the guiding role of the Supreme Court of the Russian Federation to achieve a balance between procedural economy and effective protection of victims' rights.

Civil Claim (Civil Action), Criminal Proceedings, Compensation for Harm, Civil Plaintiff, Law Enforcement Problems, Legislative Improvement, Judicial Practice, Subject Matter of the Claim, Consolidated Proceedings, Legal Status of the Victim