Abstract
Introduction. The current Russian Criminal Procedure Law provides for the institution of his representation to protect the rights and legitimate interests of a minor victim in criminal proceedings. This article is devoted to the analysis of federal and regional legislation providing for general and additional measures aimed at protecting the rights of minors by victims. Theoretical Basis. Methods. The theoretical basis of the study was the scientific works of domestic and foreign authors devoted to the representation of the legitimate interests of a minor victim in criminal proceedings, in particular, providing him with free qualified legal assistance. The use of the formal legal method of research allowed us to identify the features of the legal regulation of the entry into criminal proceedings of the representatives of the minor victim. Results. An overview of the most significant issues for law enforcement related to the provision of a representative-lawyer to an imperfect victim, including on a gratuitous basis, is presented. In particular, the differences, positive and negative sides of the regulatory regulation of the procedure for ensuring the participation of a representative-lawyer of a minor victim under the Criminal Procedure Code of the Russian Federation and the Stavropol Territory Law “On additional guarantees for the protection of the rights of minors recognized as victims in criminal proceedings” dated November 11, 2010 No. 94-kz. Discussion and Conclusion. The participation of a legal representative and a representative – a relative or representative – of another person to protect the rights and legitimate interests of a minor victim seems to be inadequate. The proper realization of everyone’s right to receive qualified legal assistance requires ensuring the participation of a representative-lawyer in the interests of a minor victim. It is proposed to legislate the participation of a lawyer as a representative of a minor victim as a case of mandatory participation in the criminal process of a representative-lawyer.
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