Защита прав потерпевшего: методологические основы института возмещения вреда

Abstract

In the criminal process, the methodology of legal regulation is determined by the appointment of state bodies and officials called upon to protect victims from crimes, as well as citizens from illegal and unjustified criminal prosecution. However, as the long-term practice of implementing the current mechanism of legal regulation of criminal procedural relations through the institution of compensation for harm to victims shows, the level of protection of these persons remains low. The origins of this problem are seen in the absence of a unified theoretical model and the quality of legislative technique. As a result of the conducted research, positive transformations in the criminal process of recent years have been identified – the figure of the victim of a crime is gradually becoming a key one in the context of the amendments made to the Criminal Procedure Code of the Russian Federation in December 2018. But the improvement of the criminal procedure mechanism should not be a point, but a systematic reform of the goals, objectives and principles of all criminal procedure activities with an emphasis on the compensatory mechanism of legal regulation.