Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings
The paper presents an analysis of the points of view available in the legal literature regarding a legal phenomenon related to the actual preservation of personal non-property rights of deceased participants in legal relations, which are subject to posthumous protection in criminal proceedings. The...
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| Format: | Article |
| Language: | Russian |
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Omsk Law Academy
2020-03-01
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| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://www.siberianlawreview.ru/jour/article/view/378 |
| _version_ | 1826967407362572288 |
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| author | A. A. Patrusheva |
| author_facet | A. A. Patrusheva |
| author_sort | A. A. Patrusheva |
| collection | DOAJ |
| description | The paper presents an analysis of the points of view available in the legal literature regarding a legal phenomenon related to the actual preservation of personal non-property rights of deceased participants in legal relations, which are subject to posthumous protection in criminal proceedings. The most significant of the approaches are determined. Based on a study of the norms of civil, civil procedure, criminal procedure legislation, and also taking into account the position of the Constitutional Court of the Russian Federation, it is concluded that the state delegates the powers to protect certain intangible benefits of a deceased participant in criminal proceedings to his close relatives and other persons within the framework of the succession institution. The author's vision of the criminal procedural succession of rights is proposed, which explains the purpose of participation in the criminal proceedings of the corresponding category of persons. The content of their powers is determined. |
| first_indexed | 2024-03-09T00:59:11Z |
| format | Article |
| id | doaj.art-c649abc7d02a48be91622931d9776887 |
| institution | Directory Open Access Journal |
| issn | 2658-7602 2658-7610 |
| language | Russian |
| last_indexed | 2025-02-18T03:51:01Z |
| publishDate | 2020-03-01 |
| publisher | Omsk Law Academy |
| record_format | Article |
| series | Сибирское юридическое обозрение |
| spelling | doaj.art-c649abc7d02a48be91622931d97768872024-11-21T10:48:15ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102020-03-0117114014710.19073/2658-7602-2020-17-1-140-147377Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal ProceedingsA. A. Patrusheva0Omsk Academy of the Ministry of the Interior of RussiaThe paper presents an analysis of the points of view available in the legal literature regarding a legal phenomenon related to the actual preservation of personal non-property rights of deceased participants in legal relations, which are subject to posthumous protection in criminal proceedings. The most significant of the approaches are determined. Based on a study of the norms of civil, civil procedure, criminal procedure legislation, and also taking into account the position of the Constitutional Court of the Russian Federation, it is concluded that the state delegates the powers to protect certain intangible benefits of a deceased participant in criminal proceedings to his close relatives and other persons within the framework of the succession institution. The author's vision of the criminal procedural succession of rights is proposed, which explains the purpose of participation in the criminal proceedings of the corresponding category of persons. The content of their powers is determined.https://www.siberianlawreview.ru/jour/article/view/378death of a participant in criminal proceedingsdeath of a victimdeath of a suspect (accused)close relativecriminal procedural succession |
| spellingShingle | A. A. Patrusheva Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings Сибирское юридическое обозрение death of a participant in criminal proceedings death of a victim death of a suspect (accused) close relative criminal procedural succession |
| title | Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings |
| title_full | Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings |
| title_fullStr | Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings |
| title_full_unstemmed | Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings |
| title_short | Criminal Procedural Succession of the Rights of the Deceased Participant of Criminal Proceedings |
| title_sort | criminal procedural succession of the rights of the deceased participant of criminal proceedings |
| topic | death of a participant in criminal proceedings death of a victim death of a suspect (accused) close relative criminal procedural succession |
| url | https://www.siberianlawreview.ru/jour/article/view/378 |
| work_keys_str_mv | AT aapatrusheva criminalproceduralsuccessionoftherightsofthedeceasedparticipantofcriminalproceedings |