Civil Claim in Criminal Proceedings From the Standpoint of Res Judicata in Different Areas of Law

Abstract

The problems of a claim and a claim as a form of protection for a violated right have a fundamental significance not only in the traditional sense — for the civilistic areas of law - but, especially, for the theory of criminal, criminal procedure and penitentiary law. Economic aspects make it possible to consider a claim to be a preventative instrument of influencing lawbreakers. Procedural aspects of a claim show that it is effective for the observance of the principle of procedural economy. The criminological aspects of a claim lead to the conclusion regarding the necessity of taking into consideration the connections between different areas of law. The author proves that the value of criminal punishment should not be determined independently, but rather depending on the norms, institutions of criminal law and taking into consideration their interconnection and interdependence with the institutions of other areas of law. Such an approach makes it possible to conclude that the institute of claim, which is significant for interactions between different law areas, holds a special place in the legal sphere and acts as an important element of the crime prevention mechanism. It is a challenge for contemporary international and Russian law to strike a fair balance between the interests of the subjects of public relations. In this connection, the claim has another crucial significance — it ensures the right of the victim for the unhindered access to court by restoring his/her rights and compensating the moral damage inflicted by the criminal act. The realization of this right depends on the formulation of the object and grounds for the claim; their specific features are described by the author in the existing research concepts of the theory of claim developed in the civil procedure law research. The objective of protecting the violated rights of the victim is above the division of law into areas; it is formulated in view of the principle of optionality, which is reflected in both civil procedure and civil legislation of Russia. Taking into account the trends in the criminal policy of foreign countries aimed at the attenuation of the punitive side of the criminal justice system and the development of economic measures of influencing crime, the author presents arguments in support of the legal and actual appeal of a civil claim in criminal proceedings based on the established clauses of the procedural theory and the contemporary needs of the law enforcement practice.