Compensation for Moral Damage Caused By a Crime
The modern development of social relations cannot be considered in isolation from the ethical component of human life. Questions of morality also concern many areas of state activity. One of them concerns investigation and trial. The implementation by the investigator, inquirer and court of the func...
| Main Authors: | , , |
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| Format: | Article |
| Language: | Russian |
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Omsk Law Academy
2023-12-01
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| Series: | Сибирское юридическое обозрение |
| Subjects: | |
| Online Access: | https://www.siberianlawreview.ru/jour/article/view/1800 |
| _version_ | 1797260994230091776 |
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| author | B. B. Bulatov A. S. Dezhnev E. G. Larin |
| author_facet | B. B. Bulatov A. S. Dezhnev E. G. Larin |
| author_sort | B. B. Bulatov |
| collection | DOAJ |
| description | The modern development of social relations cannot be considered in isolation from the ethical component of human life. Questions of morality also concern many areas of state activity. One of them concerns investigation and trial. The implementation by the investigator, inquirer and court of the functions fixed in the Code of Criminal Procedure of the Russian Federation concerning many criminal cases involves the performance of activities related to compensation for moral damage caused by the crime. This issue is superficially regulated in the criminal procedure legislation. The conceptual complex considerably suggests taking into account the content of other branches of law. It is necessary to assess the content of the norms of civil legislation during the research of relations. Multiple influence on the nature of criminal procedural activity is shown. To solve this problem, issues related to the definition of the content of the concept of “moral harm” caused as a result of a crime are examined in the article. The features of establishing the amount of his monetary compensation to the victim, the civil plaintiff are reflected. The judicial practice of the considered sphere of legal regulation is analyzed. The analysis of the decisions of the Constitutional and Supreme Courts of the Russian Federation is also done in the present paper. The ratio of moral and other types of harm caused by the crime is carried out. Due to its ambiguity, the question of the relationship between moral and property damage is highlighted. Approaches to solving the problems identified by the Authors are formed taking into account the positions of other researchers in the legal literature. The analysis of peculiarities of assessment of moral harm is connected with the lack of clear normative criteria for its definition. The paper concludes that the high proportion of subjectivity in this area of legal regulation harms the solution of this issue. The increased attention in this area of relations to the content of a civil claim is determined. The necessity of substantiation of the amount of the relevant requirements on the part of interested parties in view of the implementation of the investigator, inquirer of security activity is reflected. A range of issues related to the definition of the procedural regime for the implementation of claims for material compensation for moral harm has been established. Proposals aimed at optimization of law enforcement activity on ensuring by the investigator, inquirer of the monetary compensation of the relevant moral and physical suffering and subsequent judicial activity are formulated. |
| first_indexed | 2024-03-09T00:58:40Z |
| format | Article |
| id | doaj.art-d16ff2cae13f498d844d34aabeb73ce1 |
| institution | Directory Open Access Journal |
| issn | 2658-7602 2658-7610 |
| language | Russian |
| last_indexed | 2024-04-24T23:34:10Z |
| publishDate | 2023-12-01 |
| publisher | Omsk Law Academy |
| record_format | Article |
| series | Сибирское юридическое обозрение |
| spelling | doaj.art-d16ff2cae13f498d844d34aabeb73ce12024-03-15T14:13:33ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102023-12-0120441742810.19073/2658-7602-2023-20-4-417-4281700Compensation for Moral Damage Caused By a CrimeB. B. Bulatov0A. S. Dezhnev1E. G. Larin2Omsk Academy of the Ministry of the Interior of RussiaOmsk Academy of the Ministry of the Interior of RussiaOmsk Academy of the Ministry of the Interior of RussiaThe modern development of social relations cannot be considered in isolation from the ethical component of human life. Questions of morality also concern many areas of state activity. One of them concerns investigation and trial. The implementation by the investigator, inquirer and court of the functions fixed in the Code of Criminal Procedure of the Russian Federation concerning many criminal cases involves the performance of activities related to compensation for moral damage caused by the crime. This issue is superficially regulated in the criminal procedure legislation. The conceptual complex considerably suggests taking into account the content of other branches of law. It is necessary to assess the content of the norms of civil legislation during the research of relations. Multiple influence on the nature of criminal procedural activity is shown. To solve this problem, issues related to the definition of the content of the concept of “moral harm” caused as a result of a crime are examined in the article. The features of establishing the amount of his monetary compensation to the victim, the civil plaintiff are reflected. The judicial practice of the considered sphere of legal regulation is analyzed. The analysis of the decisions of the Constitutional and Supreme Courts of the Russian Federation is also done in the present paper. The ratio of moral and other types of harm caused by the crime is carried out. Due to its ambiguity, the question of the relationship between moral and property damage is highlighted. Approaches to solving the problems identified by the Authors are formed taking into account the positions of other researchers in the legal literature. The analysis of peculiarities of assessment of moral harm is connected with the lack of clear normative criteria for its definition. The paper concludes that the high proportion of subjectivity in this area of legal regulation harms the solution of this issue. The increased attention in this area of relations to the content of a civil claim is determined. The necessity of substantiation of the amount of the relevant requirements on the part of interested parties in view of the implementation of the investigator, inquirer of security activity is reflected. A range of issues related to the definition of the procedural regime for the implementation of claims for material compensation for moral harm has been established. Proposals aimed at optimization of law enforcement activity on ensuring by the investigator, inquirer of the monetary compensation of the relevant moral and physical suffering and subsequent judicial activity are formulated.https://www.siberianlawreview.ru/jour/article/view/1800moral harmcompensation for harmaccusedsuspectvictimcivil plaintiffcivil actionseizure of property |
| spellingShingle | B. B. Bulatov A. S. Dezhnev E. G. Larin Compensation for Moral Damage Caused By a Crime Сибирское юридическое обозрение moral harm compensation for harm accused suspect victim civil plaintiff civil action seizure of property |
| title | Compensation for Moral Damage Caused By a Crime |
| title_full | Compensation for Moral Damage Caused By a Crime |
| title_fullStr | Compensation for Moral Damage Caused By a Crime |
| title_full_unstemmed | Compensation for Moral Damage Caused By a Crime |
| title_short | Compensation for Moral Damage Caused By a Crime |
| title_sort | compensation for moral damage caused by a crime |
| topic | moral harm compensation for harm accused suspect victim civil plaintiff civil action seizure of property |
| url | https://www.siberianlawreview.ru/jour/article/view/1800 |
| work_keys_str_mv | AT bbbulatov compensationformoraldamagecausedbyacrime AT asdezhnev compensationformoraldamagecausedbyacrime AT eglarin compensationformoraldamagecausedbyacrime |