RESOLUTION on recognition as victims

The investigator of the investigative department of the Central District Department of Internal Affairs of the city of Ensk, Lieutenant of Justice Muravlev A.V., having examined the materials of criminal case No. 122/234,

installed:

June 11, 201 * in the afternoon near the house 43 on the street. Revolutions in the city of Ensk two unknown men attacked c. Sallo I.I., under the threat of a knife, they took away her gold ring and chain with a total value of 7600 rubles, after which they disappeared.

Based on the foregoing and given that Sallo Irina Ivanovna suffered property and moral damage, guided by Art. 42 5 Code of Criminal Procedure,

decided:

to recognize Sallo Irina Ivanovna as a victim in criminal case N 122/234, about which to announce to her against receipt.

This decision was announced to me on June 26, 201 * and at the same time the rights of the victim, provided for in Part 2 of Art. 42 Code of Criminal Procedure of the Russian Federation:

1) to know about the charges brought against the accused;

2) testify;

3) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is defined in paragraph 4 of Art. 5 6 Code of Criminal Procedure of the Russian Federation. If I agree to testify, I am warned that my testimony can be used as evidence in a criminal case, including in the event of my subsequent refusal to testify;

4) present evidence;

5) submit petitions and challenges;

6) testify in my native language or in a language that I speak;

7) to use the help of an interpreter free of charge;

8) have a representative;

9) to participate, with the permission of the investigator or interrogating officer, in investigative actions carried out at my request or at the request of my representative;

10) get acquainted with the protocols of investigative actions carried out with my participation and submit comments on them;

11) get acquainted with the decision on the appointment of a forensic examination and the expert's opinion in the cases provided for in Part 2 of Art. 198 7 Code of Criminal Procedure;

12) upon completion of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in the criminal case, I have the right to get acquainted with those materials of the criminal case that relate to the harm caused to me personally;

13) receive copies of decisions on initiating a criminal case, recognizing me as a victim or refusing to do so, on termination of a criminal case, suspension of criminal proceedings, as well as copies of a verdict of a court of first instance, decisions of courts of appeal and cassation instances;

14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;

15) to speak in court debates;

16) support the prosecution;

17) get acquainted with the protocol of the court session and submit comments on it;

18) file complaints against actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;

19) appeal against a sentence, ruling, court order;

20) to know about the complaints and presentations brought in the criminal case and to submit objections to them;

21) apply for the application of security measures in accordance with Part 3 of Art. 11 8 Code of Criminal Procedure of the Russian Federation;

22) exercise other powers provided for by the Code of Criminal Procedure of the Russian Federation.

victim AND.AND. Sallo

Decree announced and rights explained

Investigator of the investigative department of the Central District Department of Internal Affairs of the city of Ensk, Lieutenant of Justice A.V. Muravlev

victim AND.AND. Sallo

Strict observance of the norms governing the participation of the victim in criminal proceedings serves as an important guarantee for the realization by the victim of a crime of his constitutional right to access to justice, judicial protection and compensation for the damage caused to him. The rights of victims of crimes and abuses of power are protected by law (Article 52 of the Constitution Russian Federation).

In accordance with the Universal Declaration of Human Rights of 10 December 1948, the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (adopted by UN General Assembly Resolution 40/34 of 29 November 1985), and also in accordance with the Recommendation of the Committee of Ministers of the Council of Europe " On the situation of the victim in the framework of criminal law and process" dated June 28, 1985 N R (85) 11, an important function of criminal justice should be to protect the legitimate interests of the victim, respect his dignity, increase the victim's confidence in criminal justice.

In order to ensure the correct and uniform application by the courts of the norms of criminal procedure legislation governing the participation of the victim in criminal proceedings, ensuring his rights and legitimate interests, the Plenum of the Supreme Court of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, decides provide the courts with the following explanations:

1. To draw the attention of the courts to the fact that, by virtue of paragraph 1 of part 1 of article 6 of the Code of Criminal Procedure of the Russian Federation, criminal proceedings are intended to protect the rights and legitimate interests of persons and organizations that have suffered from crimes.

The duty of the state is not only the prevention and suppression of statutory order of encroachments that can cause harm and moral suffering to a person, but also providing the victim of a crime with the opportunity to defend their rights and legitimate interests by any means not prohibited by law.

2. In accordance with the law, the victim, being an individual who has suffered physical, property or moral damage by a crime, or a legal entity in the event of damage to his property and business reputation by a crime, has his own interests in the criminal process, for the protection of which he, as participant in criminal proceedings on the part of the prosecution is endowed with the rights of a party.

A person who has suffered from a crime is recognized as a victim regardless of his citizenship, age, physical or mental condition and other data about his personality, and also regardless of whether all the persons involved in the commission of the crime have been identified.

Courts should keep in mind that harm to the victim can be caused by both a crime and an act prohibited by criminal law, committed by a person in a state of insanity.

If the committed crime was unfinished (preparation for a grave or especially grave crime or attempted crime), the court, when deciding on the recognition of a person as a victim, should establish what the harm caused to him was expressed. At the same time, the possibility of causing moral harm to such a person in cases where an unfinished crime was directed against a specific person is not excluded.

3. By virtue of Part 1 of Article 42 of the Code of Criminal Procedure of the Russian Federation, a person who has been harmed by a crime acquires the rights and obligations provided for by the criminal procedure law from the moment the interrogating officer, investigator, head of the investigative body or court issues a decision on recognizing him as a victim. At the same time, it should be borne in mind that the legal status of a person as a victim is established on the basis of his actual position and is only formalized procedurally by a resolution, but is not formed by it.

A person may be recognized as a victim both on his application and on the initiative of the body in charge of the criminal case. The refusal to recognize a person as a victim, as well as the inaction of the interrogating officer, the investigator, the head of the investigative body, expressed in the non-recognition of the person as a victim, may be appealed by this person in pre-trial proceedings in a criminal case in the manner prescribed by Articles 124 and 125 of the Code of Criminal Procedure of the Russian Federation.

In cases where it is established in a criminal case received by the court that the person harmed by the crime is not recognized as a victim in the case, the court recognizes such a person as a victim, notifies him of this, explains his rights and obligations, provides an opportunity to familiarize himself with all the materials cases (Article 42 of the Code of Criminal Procedure of the Russian Federation). The decision on recognizing a person as a victim must indicate by what actions and what kind of harm was caused to him, including when causing damage of several types at once (physical, property and moral, damage to business reputation).

4. When, in a criminal case received by the court, it is established that a person has been recognized as a victim without sufficient grounds provided for by Article 42 of the Code of Criminal Procedure of the Russian Federation, the court shall issue a ruling (determination) that such a person has been erroneously recognized as a victim in this case, and explain to him the right to appeal against the decision taken by the court in the cassation (appeal) procedure. At the same time, the decision of the court can be appealed without delay before the decision of the verdict, since the constitutional right to access to justice is affected by the decision of the court. An appeal against the decision in this part is not grounds for suspending the trial.

5. Based on the fact that the victim is recognized individual to whom the crime caused physical, property or moral harm (Part 1 of Article 42 of the Code of Criminal Procedure of the Russian Federation), all other persons, including close relatives of the victim, to whose rights and legitimate interests the crime was not directly directed, according to general rule are not endowed with procedural possibilities for their protection. Protection of the rights and legitimate interests of such persons is carried out as a result of the restoration of the rights of a person who has suffered from a crime.

In criminal cases on crimes, the consequence of which was the death of a person who suffered from a crime, the rights of the victim are transferred to one of the close relatives of the deceased (Part 8 of Article 42 of the Code of Criminal Procedure of the Russian Federation). By virtue of paragraph 4 of Article 5 of the Criminal Procedure Code of the Russian Federation, close relatives include spouse, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren.

If the crime affects the rights and legitimate interests of several persons who are close relatives of the deceased at once, and they insist on granting them the rights of the victim, these persons may be recognized as victims with the obligatory citation by the court of the reasons for such a decision.

Taking into account that the list of close relatives specified in the law is exhaustive, relatives not named in paragraph 4 of Article 5 of the Code of Criminal Procedure of the Russian Federation, as well as other persons (for example, neighbors, acquaintances of the deceased) cannot be recognized as victims.

6. In the case when the victim is recognized entity, his rights and obligations in court in accordance with part 9 of article 42 of the Code of Criminal Procedure of the Russian Federation are carried out by a representative, whose powers must be confirmed by a duly executed power of attorney, or by an order if the interests of a legal entity are represented by a lawyer. When the head of an enterprise, institution (organization) participates in a court session, his authority must be certified by an appropriate power of attorney or other documents.

7. Within the meaning of Part 1 of Article 45 of the Criminal Procedure Code of the Russian Federation, representatives of the victim, civil plaintiff and private prosecutor may be not only lawyers, but also other persons who, in the opinion of these participants in the proceedings, can provide them with qualified legal assistance. The powers of such persons are confirmed by a duly executed power of attorney, or by a statement of the victim, civil plaintiff, private prosecutor at the court session. The court, when deciding on the admission of a representative, taking into account the data on his personality, must make sure that there are no circumstances precluding the participation in the criminal case of a representative of the victim or a civil plaintiff (Article 72 of the Code of Criminal Procedure of the Russian Federation).

8. In cases where the victim is a minor or a person who, due to his physical or mental condition, is deprived of the opportunity to independently protect his rights and legitimate interests, in accordance with Part 2 of Article 45 of the Criminal Procedure Code of the Russian Federation, their legal representatives or representatives are involved in the criminal case . If there are grounds to believe that the legal representative is not acting in the interests of the minor victim, the court issues a decision (determination) on the removal of such a person from participation in the case as the legal representative of the victim, explains the procedure for appealing this decision and takes measures to appoint the minor as the legal representative another person or representative of the guardianship and guardianship authority.

When resolving the issue of summoning the legal representative of a minor victim to the court session, the court should be guided by the list of persons who can be recognized as such in accordance with paragraph 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation. At the same time, it should be borne in mind that the functions of the legal representative of the victim in court proceedings cease when the latter reaches the age of 18 years.

If the minor victim has no parents and lives alone or with a person who is not a relative and has not been duly appointed as his guardian or custodian, a representative of the guardianship and guardianship body must be summoned to the court session as the legal representative of the minor.

9. The courts must comply with the requirements of the law that the victim, in order to exercise the powers granted to him by the criminal procedural law, has the right to receive copies of decisions on initiating a criminal case, recognizing him as a victim or refusing to do so, on accepting the case for proceedings and on conducting an investigation by an investigative by a group, on the involvement of a person as an accused, on the refusal to select a measure of restraint in respect of the accused in the form of detention, on the termination of the criminal case, on the suspension of proceedings in the criminal case, on the direction of the criminal case according to jurisdiction, as well as copies of the decisions of the courts of the first, appellate, cassation and supervisory instances, including the direction of the criminal case on jurisdiction, the appointment of a preliminary hearing, a court session, as well as copies of other procedural documents affecting his interests (Article 42 of the Code of Criminal Procedure of the Russian Federation).

10. The victim, civil plaintiff and other participants in criminal proceedings who do not know or do not speak the language in which the criminal case is conducted must be explained and ensured the right to make statements, give explanations and testimonies, make petitions, bring complaints, get acquainted with the materials criminal case, speak in court in their native language or another language that they know, and also use the help of an interpreter free of charge (Part 2 of Article 18 of the Criminal Procedure Code of the Russian Federation).

In accordance with the norms of the criminal procedure law, investigative and judicial documents that are subject to mandatory delivery to the victim, civil plaintiff or their representatives, by virtue of Part 3 of Article 18 of the Criminal Procedure Code of the Russian Federation, must be translated into their native language or into the language they speak.

11. Based on the principle of equality of the rights of the parties (Article 244 of the Code of Criminal Procedure of the Russian Federation), the victim enjoys equal rights with the defense party to file challenges and motions, present evidence, participate in their research, speak in judicial debates, submit written formulations to the court on the issues specified in paragraphs 1 - 6 of part 1 of article 299 of the Criminal Procedure Code of the Russian Federation, for consideration of other issues arising in the course of the trial.

The victim, his representative, legal representative at any stage of criminal proceedings should be given the opportunity to bring to the attention of the court his position on the merits of the case and the arguments that he considers necessary to substantiate it. At the same time, the court should take into account the arguments of the victim on issues that affect his rights and legitimate interests, and give them a reasoned assessment when making a court decision.

In order to create the necessary conditions for the victim to fulfill procedural obligations and exercise the rights granted to him, guided by the provisions of Articles 15 and 86 of the Criminal Procedure Code of the Russian Federation, courts, if there are grounds for this, should take measures to assist the victim in collecting evidence (obtaining documents, requesting certificates, etc.). d.).

12. The victim, legal representative, representative, as well as the civil plaintiff and his representative, in accordance with Articles 42, 44, 45 of the Criminal Procedure Code of the Russian Federation, have the right to take part in all court hearings on the case under consideration to protect their rights and legitimate interests. To this end, the chairperson is obliged to notify them of the date, time and place of the court sessions, and in case of adjournment of the trial of the case, to explain to the named persons the right to participate in subsequent court sessions and the consequences of refusing to use this right, which should be reflected in the minutes of the court session. The non-participation of these persons in subsequent court sessions after the adjournment of the case must be of a voluntary nature.

13. Taking into account the provisions of Part 2 of Article 292 of the Code of Criminal Procedure of the Russian Federation, the presiding officer is obliged to explain to the victim, his legal representative, representative the right to participate in the debate of the parties and notify these persons of the date, time and place of their holding, and also to provide them with the opportunity to speak in the debate of the parties, if they so wish, except in cases where the victim has refused to participate in the court session.

14. Taking into account that, according to paragraph 47 of Article 5 of the Code of Criminal Procedure of the Russian Federation, the victim, his legal representative and representative are among the participants in the proceedings on the part of the prosecution, the court may, if there are grounds for this, satisfy the petition of the public prosecutor in the court session to provide him with the opportunity to agree on his position with these faces.

15. In accordance with paragraph 21 of part 2 of article 42 of the Code of Criminal Procedure of the Russian Federation, the victim, legal representative, representative have the right to apply for the application of security measures. This right must be promptly explained to them by the official in charge of criminal proceedings. Such a petition may be filed at any time during the criminal proceedings.

When the court considers the issue of canceling or further application of the security measures taken against the victim or his relatives and close persons, the opinion of the victim (his legal representative, representative) should be ascertained, taking into account which to make a reasoned decision. Along with the decision of the verdict, the court must issue a decision (determination) on the abolition of security measures in respect of these persons or on the further application of such measures.

16. Based on the provisions of clauses 3 and 4 of part 2 of article 241 of the Code of Criminal Procedure of the Russian Federation, the court in each criminal case on crimes against sexual integrity and sexual freedom of the individual and other crimes, when the consideration of the case may lead to the disclosure of information about the intimate aspects of the life of the victim or information, degrading his honor and dignity, as well as if this is required by the interests of ensuring the safety of the victim, his close relatives, relatives or close persons, it is necessary, when preparing the case for trial, to decide on the consideration of the criminal case in a closed court session (paragraph 5 of part 2 of article 231 of the Code of Criminal Procedure RF) indicating in the resolution the reasons for the decision.

The court should decide on the consideration of the case in a closed court session only in that part of it, in which it is necessary to ensure these goals.

In accordance with Part 6 of Article 280 of the Code of Criminal Procedure of the Russian Federation, in order to protect the rights of a victim under the age of 18, at the request of the parties, as well as at the initiative of the court, his interrogation can be carried out in the absence of the defendant, about which the court issues a decision (determination). When the defendant returns to the courtroom, he must be informed of the testimony of the victim and given the opportunity to ask questions.

17. On the basis of Part 3 of Article 15 of the Federal Law of December 22, 2008 N 262-FZ "On Providing Access to Information on the Activities of the Courts in the Russian Federation" when placing court decisions on the Internet in order to protect the rights and ensure the safety of the victim, his personal data shall be excluded from the text of the judgment. Instead of excluded personal data, initials, pseudonyms or other designations are used that do not allow the identity of the victim to be identified.

According to the law, personal data should be understood as any information relating to the victim determined on the basis of it, including his last name, first name, patronymic, year, month, date and place of birth, address, family, social, property status, education, profession, income and other information.

18. The provision by the court of the execution by the victims of their obligations to appear when summoned to court and give truthful testimony contributes to the comprehensive and complete establishment of the circumstances to be proved in criminal proceedings and the issuance of a lawful, justified and fair court decision.

If the victim fails to appear without good reason or evades to appear at the court session, if the participation of the victim in the consideration of the case is recognized as mandatory, the victim may be brought in in the manner prescribed by Article 113 of the Code of Criminal Procedure of the Russian Federation (Part 6 of Article 42 of the Code of Criminal Procedure of the Russian Federation), and in the cases specified in article 117 of the Code of Criminal Procedure of the Russian Federation, - monetary recovery.

19. When deciding whether the property damage caused to the victim is significant, it is necessary to take into account property status of the victim, in particular the size of his wages, pensions, other income, the presence of dependents, the total income of the family members of the victim, with whom he conducts a joint household.

20. By virtue of the provisions of Part 1 of Article 44 of the Code of Criminal Procedure of the Russian Federation, the victim who filed a claim for compensation for property damage, as well as compensation for moral damage caused by the crime, must be recognized as a civil plaintiff. The decision on recognition as a civil plaintiff may be made before the end of the judicial investigation and is formalized by a judge's decision or a court ruling.

21. In case of theft, damage or destruction of property, other material assets in the possession of a person who is not their owner (for example, a tenant, custodian, tenant), a civil claim may be brought by the owner or legal owner of this property, other material assets, provided that that this person, in accordance with the norms of civil law, has the right to demand compensation for the harm caused to him.

When damage is caused to property assigned to a state or municipal enterprise, institution for possession, use and disposal (paragraph 4 of Article 214 and paragraph 3 of Article 215 of the Civil Code of the Russian Federation), then such an enterprise or institution is recognized as a victim.

If the owner of the stolen, destroyed or damaged property is a minor between the ages of fourteen and eighteen or a minor who has entered into marriage or has been declared fully capable, such persons may be recognized as civil plaintiffs, since, by virtue of parts 2 and 4 of article 37 of the Code of Civil Procedure of the Russian Federation, they have the right to personally defend their rights, freedoms and legitimate interests in court.

22. If it is established that the bodies of the preliminary investigation did not explain to the victim his right to file a civil claim, the court should eliminate the violation by explaining to the victim his rights during the preliminary hearing or in the preparatory part of the court session (part 1 of article 234, part 1 of article 268 of the Code of Criminal Procedure Russian Federation), and if there are grounds for this, take measures to secure a civil claim (Article 230 of the Code of Criminal Procedure of the Russian Federation).

23. The amount of property damage subject to compensation to the victim is determined based on the prices prevailing at the time the decision was made on the claim. The amount of the amount of compensation for the harm caused to be recovered cannot be increased taking into account indexation in the order of execution of the sentence, since such a decision is not provided for by Chapter 47 of the Code of Criminal Procedure of the Russian Federation. The civil plaintiff's application for indexation is considered by the court in civil proceedings in accordance with Part 1 of Article 208 of the Code of Civil Procedure of the Russian Federation.

24. When deciding on the amount of compensation for moral damage caused to the victim, the court should proceed from the provisions of Article 151 and Clause 2 of Article 1101 of the Civil Code of the Russian Federation and take into account the nature of the physical and moral suffering inflicted on the victim, the degree of guilt of the tortfeasor, while being guided by the requirements of reasonableness and justice. In the event of moral damage caused by the criminal actions of several persons, it is subject to compensation on a shared basis.

The nature of the physical and mental suffering is established by the court, taking into account the actual circumstances under which the moral harm was inflicted, the behavior of the defendant immediately after the commission of the crime (for example, the provision or failure to provide assistance to the victim), the individual characteristics of the victim (age, state of health, behavior at the time of the commission of the crime and etc.), as well as other circumstances (for example, loss of work by the victims).

Damage caused as a result of criminal acts that undermine the business reputation of a legal entity is subject to compensation according to the rules for compensation for damage to the business reputation of a citizen (paragraph 7 of Article 152 of the Civil Code of the Russian Federation).

25. For each civil claim brought in a criminal case, the court is obliged to make a procedural decision. Based on the provisions of Articles 306, 309 of the Code of Criminal Procedure of the Russian Federation, it is adopted when passing a sentence or other final court decision.

If it is necessary to make additional calculations related to the civil claim, requiring the adjournment of the trial, the court may recognize the right of the civil plaintiff to satisfy the civil claim and refer the issue of the amount of compensation for the civil claim for consideration in civil proceedings (Part 2 of Article 309 of the Code of Criminal Procedure of the Russian Federation). In such cases, no additional application from the civil plaintiff is required.

According to Part 2 of Article 306 of the Criminal Procedure Code of the Russian Federation, when an acquittal is issued or a decision (determination) is issued to terminate a criminal case on the grounds provided for in paragraph 1 of Part 1 of Article 24 of the Criminal Procedure Code of the Russian Federation (absence of a crime event) and paragraph 1 of Part 1 of Article 27 of the Criminal Procedure Code of the Russian Federation (non-involvement of the suspect or accused to commit a crime), the court dismisses the civil claim.

If the court considers the issue of applying compulsory medical measures to the harm-doer, the civil claim of the victim is not subject to consideration, which does not prevent its subsequent presentation and consideration in civil proceedings, on which the court makes an appropriate decision.

26. In cases where the question arises of compensation to the victim for harm caused by a minor between the ages of fourteen and eighteen, if he does not have income or other property sufficient to compensate for the harm, the harm must be compensated in full or in the missing part his parents (adoptive parents) or a trustee, as well as an organization for orphans and children left without parental care, in which the tortfeasor was under supervision (Article 155 of the RF IC), unless they prove that the harm arose through no fault of theirs ( paragraph 2 of Article 1074 of the Civil Code of the Russian Federation). At the same time, they are involved in the case as co-defendants.

27. In cases of private prosecution (part 1 of article 115, part 1 of article 116, part 1 of article 129, article 130 of the Criminal Code of the Russian Federation), by virtue of part 7 of article 318 of the Code of Criminal Procedure of the Russian Federation, a justice of the peace or a judge of a garrison military court, having received an application from a person who suffered from a crime , makes a decision on the acceptance of the application for its proceedings. From this moment on, the person who filed the application is a private prosecutor with all the rights provided for by Articles 42 and 43 of the Code of Criminal Procedure of the Russian Federation, which must be explained to him.

Initiation of a criminal case on such crimes is carried out only at the request of the victim or his legal representative (Part 1 of Article 147 of the Code of Criminal Procedure of the Russian Federation), except for the cases provided for by Part 4 of Article 147 of the Code of Criminal Procedure of the Russian Federation. The substance of the accusation brought against a person in such a case, and accordingly the limits of the trial in it, are determined based on the content of the statement of the victim. At the same time, the judge should carefully consider such statements of the victims, not to allow cases of unreasonable refusal to accept them for his proceedings.

28. A private prosecution case may be instituted in accordance with the procedure established by Part 3 of Article 318 of the Criminal Procedure Code of the Russian Federation in cases where the victim, due to a helpless state or for other reasons, cannot defend his rights and legitimate interests. Such cases should include, for example, material and other dependence of the victim on the person who committed the crime. Persons in a helpless state may include, in particular, the seriously ill and elderly, young children, persons suffering from mental disorders that deprive them of the ability to correctly perceive what is happening.

29. In cases where, in a case of private prosecution, an application has been filed in relation to a person whose data are not known to the victim or are not contained in the application of the victim, the judge, refusing to accept the application for his proceedings, sends it to the head of the investigative body or the head of the body of inquiry to resolve the issue of initiating a criminal case, which is notified by the person who submitted the application (Part 2 of Article 147, Part 1 of Article 319 of the Code of Criminal Procedure of the Russian Federation).

Upon receipt of an application for the involvement of a person specified in Part 1 of Article 447 of the Code of Criminal Procedure of the Russian Federation, a justice of the peace or a judge of a garrison military court refuses to accept the application for its proceedings and sends it to the head of the investigating authority to resolve the issue of initiating a criminal case in the manner prescribed by Article 448 of the Code of Criminal Procedure RF.

30. The courts should keep in mind that, in accordance with Part 3 of Article 249 of the Code of Criminal Procedure of the Russian Federation and Clause 2 of Part 3 of Article 364 of the Code of Criminal Procedure of the Russian Federation, the failure of a private prosecutor to appear at a court session of a court of appeal may be grounds for terminating a criminal case due to the refusal of a private prosecutor to charges in the event that the private prosecutor who filed the appeal is duly notified of the date, time and place of the trial, but did not appear at the court session without good reason and did not apply for adjournment or consideration of the case in his absence.

31. If, in a case of private prosecution, the parties have declared reconciliation, the judge is not entitled to refuse to terminate the criminal case due to reconciliation of the parties, except for the cases provided for by Part 4 of Article 20 of the Criminal Procedure Code of the Russian Federation. In such cases, in accordance with Part 5 of Article 319 of the Code of Criminal Procedure of the Russian Federation, the criminal case may be terminated upon reconciliation of the parties in the manner prescribed by Article 25 of the Code of Criminal Procedure of the Russian Federation.

When, in a case of private prosecution, the opinion of a minor victim on the issue of reconciliation with the accused and termination of the criminal case does not coincide with the opinion of his legal representative, there are no grounds for terminating the criminal case in connection with the reconciliation of the parties.

32. In accordance with the provisions of Article 25 of the Criminal Procedure Code of the Russian Federation and Article 76 of the Criminal Code of the Russian Federation in cases of public and private-public prosecution of crimes of small and medium gravity, the prerequisites for terminating a criminal case are the commission of a crime by the accused for the first time, a statement by the victim about reconciliation with the accused, as well as that the harm done has been repaired. Proceeding from this, the court must comprehensively investigate the nature and degree of public danger of the deed, the data on the identity of the defendant, and other circumstances of the case. When making a decision, it is necessary to assess whether it corresponds to the goals and objectives of protecting the rights and legitimate interests of the individual, whether it meets the requirements of justice and the goals of justice.

33. If the defendant files a petition for a special procedure for trial in accordance with Chapter 40 of the Criminal Procedure Code of the Russian Federation, the victim or private prosecutor must be explained the procedural features of this form of legal proceedings, including the provisions of Part 1 of Article 314 of the Criminal Procedure Code of the Russian Federation that the consideration of a criminal case without litigation is possible only in the absence of their objections. Failure to comply with this requirement, if the victim alleges a violation of his rights, may serve as a basis for the annulment of the sentence issued in a special procedure of the trial. At the same time, the law does not require clarification from the victim or private accuser of the motives on which these persons object to the decision of the verdict without a trial.

34. On the basis of part 3 of article 42 of the Code of Criminal Procedure of the Russian Federation, the victim is provided with reimbursement of expenses incurred in connection with his participation in the course of the preliminary investigation and in court, including the costs of a representative, in accordance with the requirements of article 131 of the Code of Criminal Procedure of the Russian Federation.

The court must take into account that these expenses, confirmed by relevant documents, by virtue of clause 9 of part 2 of Article 131 of the Code of Criminal Procedure of the Russian Federation, relate to other expenses incurred in the course of criminal proceedings, which are recovered from convicts or reimbursed from the federal budget as procedural costs ( Part 1 of Article 132 of the Code of Criminal Procedure of the Russian Federation).

If the court in the verdict, in violation of paragraph 3 of part 1 of Article 309 of the Code of Criminal Procedure of the Russian Federation, did not resolve the issue of the distribution of procedural costs in the form of expenses incurred by the victim and his legal representative, representative in connection with participation in a criminal case, to cover the costs associated with appearing at the scene proceedings and accommodation (expenses for travel, rental of residential premises and additional expenses associated with living outside the place of permanent residence) (paragraph 1 of part 2 of Article 131 of the Criminal Procedure Code of the Russian Federation), the amount paid in compensation for lost wages, or the amount paid for distraction from ordinary activities (paragraphs 2 and 3 of part 2 of Article 131 of the Code of Criminal Procedure of the Russian Federation), these issues can be resolved in the manner of execution of the sentence in accordance with Chapter 47 of the Code of Criminal Procedure of the Russian Federation.

35. Based on the provisions of Part 1 of Article 358 of the Code of Criminal Procedure of the Russian Federation, the court that delivered the verdict or rendered another contested decision notifies of the complaint or presentation brought and sends copies of them to the victim and his legal representative, representative, as well as to the civil plaintiff and his representative, if the complaint or submission affects their interests, with an explanation of the possibility of filing a complaint or filing objections. The said persons shall be notified of the day of the consideration of the case by the court of second instance, regardless of whether they participated in the court session. If the court of appeal or cassation did not notify such persons of the day of the consideration of the case, then the court session must be adjourned.

36. Upon receipt of an appeal, cassation complaint of the victim (his legal representative, representative), the court of appellate or cassation instance, checking the legality and validity of the verdict or other court decision held in the criminal case, must evaluate all the arguments contained in the complaint, regardless of what grounds, the court decision is changed or cancelled. At the same time, it should be borne in mind that the court of cassation, when overturning a sentence, is not entitled to prejudge questions about the proof or lack of proof of the accusation, about the reliability or unreliability of this or that evidence, about the advantages of some evidence over others, about the punishment (Part 2 of Article 386 of the Code of Criminal Procedure of the Russian Federation ).

Cancellation of the verdict in connection with the need to apply the law on a more serious crime or for the leniency of punishment, as well as the cancellation of an acquittal in the absence of a cassation presentation by the prosecutor can take place only in cases where the victim or his legal representative, representative filed a cassation complaint precisely on the indicated grounds. If the victim or his legal representative, representative appealed against the verdict on other grounds, then the court of cassation has no right to worsen the situation of the convicted person or cancel the acquittal.

Based on the fact that in accordance with paragraph 14 of part 2 of Article 42 of the Code of Criminal Procedure of the Russian Federation, the victim has the right to participate in the trial of a criminal case in a court of supervisory authority, this right must be provided to him by the court, which notifies the victim of the date, time and place of the trial, and also provides him with the opportunity to familiarize himself with the supervisory complaint and (or) presentation, with the decision to initiate supervisory proceedings (parts 1 and 2 of Article 407 of the Criminal Procedure Code of the Russian Federation).

37. When considering criminal cases, the courts of appellate, cassation and supervisory instances should carefully check the correctness of the application by the bodies of inquiry, preliminary investigation and courts of first instance of the legislation regulating the participation of the victim in criminal proceedings, and not leave violations of the law without response.

In each case when the court reveals the circumstances that contributed to the commission of the crime, violations of the rights and freedoms of the victim, the court must issue a special ruling (decree), in which to draw the attention of the relevant organizations or officials to these circumstances and facts of violations of the law requiring the adoption of necessary measures (Part 4 of Article 29 of the Code of Criminal Procedure of the Russian Federation).

38. In connection with the adoption of this decision, to recognize as invalid on the territory of the Russian Federation the decision of the Plenum of the Supreme Court of the USSR of November 1, 1985 N 16 "On the practice of application by courts of legislation regulating the participation of a victim in criminal proceedings."

Chairman of the Supreme Court of the Russian Federation

V. Lebedev

Secretary of the Plenum, Judge of the Supreme Court of the Russian Federation V. Doroshkov

Police Department of the Ministry of Internal Affairs of Russia for the city of Ensk, senior police lieutenant O.S. Ivanov, having considered the materials of the criminal case No. 01,

SET UP:

September 1, 2013 at 10:00 am on the territory of the lumber warehouse No. 3 of the wholesale construction market of Airos LLC on the street. Kalinina, d. 18, Enska, on the basis of personal hostile relations, made death threats against D.S. Nesterov, placing a knife blade in the latter’s abdomen.

What is happening Nesterov D.S. perceived as a real threat to his life and he had reason to fear the implementation of this threat.

Based on the foregoing and considering that Mr. Nesterov Dmitry Sergeyevich suffered non-pecuniary damage, guided by Art. 42 Code of Criminal Procedure of the Russian Federation,

Resolved:

Recognize Nesterov Dmitry Sergeevich as a victim in criminal case No. 01.

Senior Investigator of the Investigation Department
senior police lieutenant (signature) O.S. Ivanova

This decision was announced to me on September 2, 2013 and at the same time the rights of the victim, provided for in the second part of Art. 42, parts 1 and 2 of Art. 144 Code of Criminal Procedure of the Russian Federation:
1) to know about the charges brought against the accused;
2) testify;
3) refuse to testify against himself, his spouse (wife) and other close relatives, the circle of which is determined by paragraph four of Art. 5 Code of Criminal Procedure of the Russian Federation. If I agree to testify, I am warned that my testimony may be used as evidence in a criminal case, including in the event of my subsequent refusal to testify;
4) present evidence;
5) submit petitions and challenges;
6) testify in my native language or in a language that I speak;
7) to use the help of an interpreter free of charge;
8) have a representative;
9) to participate, with the permission of the investigator or interrogating officer, in investigative actions carried out at my request or at the request of my representative;
10) get acquainted with the protocols of investigative actions carried out with my participation and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert's opinion in the cases provided for by part two of Article 198 of the Code of Criminal Procedure of the Russian Federation, and in the case of an examination before the initiation of a criminal case, file a request for an additional or repeated examination, which is subject to mandatory satisfaction;
12) upon completion of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in the criminal case, I have the right to get acquainted with those materials of the criminal case that relate to the harm caused to me personally;
13) receive copies of resolutions on initiating a criminal case, recognizing me as a victim or refusing to do so, on termination of a criminal case, suspension of proceedings in a criminal case, as well as copies of a verdict of a court of first instance, decisions of courts of appeal and cassation instances;
14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;
15) to speak in court debates;
16) support the prosecution;
17) get acquainted with the protocol of the court session and submit comments on it;
18) file complaints against the actions (inaction) and decisions of the body of inquiry, the inquirer, the investigator, the head of the investigative body, the prosecutor and the court in the manner prescribed by Chapter 16 of the Criminal Procedure Code of the Russian Federation;
19) appeal against a sentence, ruling, court order;
20) to know about the complaints and presentations brought in the criminal case and to submit objections to them;
21) apply for the application of security measures in accordance with the third part of Art. 11 Code of Criminal Procedure of the Russian Federation;
22) exercise other powers provided for by the Code of Criminal Procedure of the Russian Federation.
At the same time, it was explained to me that, in accordance with Ch. 32.1 of the Code of Criminal Procedure of the Russian Federation, on the basis of the petition of the suspect and with my consent, an inquiry in a criminal case may be conducted in an abbreviated form.

In accordance with the sixth part of Art. 226.7 of the Code of Criminal Procedure of the Russian Federation, the victim and (or) his representative, before the end of familiarization with the indictment and the materials of the criminal case, has the right to make the following petitions:
1) on the recognition of the evidence specified in the indictment as inadmissible due to a violation of the law committed when obtaining such evidence;
2) on the performance of additional investigative and other procedural actions aimed at filling the gap in the evidence in the criminal case, collected in an amount sufficient for a reasonable conclusion about the event of the crime, the nature and amount of the harm caused to it, as well as the guilt of the accused in the commission of the crime;
3) on the performance of additional investigative and other procedural actions aimed at verifying evidence, the reliability of which is in doubt, which may affect the legality of the final court decision in a criminal case;
4) on the redrawing of the indictment in the event of its non-compliance with the requirements of part one. 226.7 of the Code of Criminal Procedure of the Russian Federation.

In accordance with the third part of Art. 226.3 of the Code of Criminal Procedure of the Russian Federation, I was explained the right, at any time before the removal of the court to the deliberation room for the decision of the verdict, to petition for the termination of the proceedings in the criminal case in accordance with Ch. 32.1 of the Criminal Procedure Code of the Russian Federation and the continuation of the inquiry in the general manner.

Victim (signature) Nesterov D.S.

The Decree announced and the rights clarified:

Senior Investigator of the Investigation Department
Department of the Police Department of the Ministry of Internal Affairs of Russia for the city of Ensk
senior police lieutenant (signature) O.S. Ivanova

Victim (signature) Nesterov D.S.

A selection of the most important documents on request Victim recognition(legal acts, forms, articles, expert advice and much more).

Articles, comments, answers to questions: Victim recognition

If a law enforcement agency decides to initiate a criminal case or an administrative offense case on the fact of theft (waste, damage, destruction), then the representative of the organization needs to make sure that she is recognized as a victim in the case. When investigating a criminal case, a separate decision is issued (part 1, article 42 of the Criminal Procedure Code of the Russian Federation), and when considering a case on an administrative offense, a corresponding entry is made in the protocol (clause 2, article 28.2 of the Code of Administrative Offenses of the Russian Federation). After the organization is recognized as a victim, it has the right to familiarize itself with the case materials and can receive a copy of the court decision or sentence (clause 2 of article 25.2 and clause 2 of article 29.11 of the Code of Administrative Offenses of the Russian Federation, clauses 12 and 13 of part 2 of article 42 of the Code of Criminal Procedure of the Russian Federation ). To obtain it, the court considering the case must submit an appropriate petition (clause 2 of article 29.11 of the Code of Administrative Offenses of the Russian Federation and article 312 of the Code of Criminal Procedure of the Russian Federation).

Open a document in your ConsultantPlus system:
Satisfying the claims in part, the courts of appeal and cassation, based on the circumstances established in the case and the norms of the law, recognized the claim as justified in the amount calculated for the period from 11/12/2008 to 06/15/2009, since the right of economic management of the building of the post office, which includes the premises illegally occupied by the defendant, was registered for the Federal State Unitary Enterprise Russian Post on November 12, 2008, and from that date the plaintiff was recognized as an injured person as a result of the defendant's unjustified savings of rent for the illegal use of the disputed non-residential premises.

Forms of documents: Victim recognition

Open a document in your ConsultantPlus system:

Regulations: Victim recognition

1. An aggrieved person shall be an individual who has suffered physical, property, moral damage by a crime, as well as a legal entity in the event that a crime has caused damage to its property and business reputation. The decision on recognition as a victim is taken immediately from the moment of initiation of a criminal case and is formalized by a decision of the interrogating officer, investigator, judge or a court ruling. If at the time of the initiation of a criminal case there is no information about the person who was harmed by the crime, the decision to recognize him as a victim is made immediately after receiving the information about this person.

Open a document in your ConsultantPlus system:
A person who has suffered from a crime is recognized as a victim regardless of his citizenship, age, physical or mental condition and other data about his personality, and also regardless of whether all the persons involved in the commission of the crime have been identified.

Decree on recognition as a victim (sample filling)

of the Central District Department of Internal Affairs of the city of Ensk, Lieutenant of Justice Muravlev A.V., having considered the materials of criminal case No. 122/234,

installed:
June 11, 201 * in the afternoon near the house 43 on the street. Revolutions in the city of Ensk two unknown men attacked c. Sallo I.I., under the threat of a knife, they took away her gold ring and chain with a total value of 7600 rubles, after which they disappeared.
Based on the foregoing and given that Sallo Irina Ivanovna suffered property and moral damage, guided by Art. 42 5 Code of Criminal Procedure,

decided:
to recognize Sallo Irina Ivanovna as a victim in criminal case N 122/234, about which to announce to her against receipt.

Investigator of the Investigation Department
Central District Department of Internal Affairs of Ensk

This decision was announced to me on June 26, 201 * and at the same time the rights of the victim, provided for in Part 2 of Art. 42 Code of Criminal Procedure of the Russian Federation:
1) to know about the charges brought against the accused;
2) testify;
3) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is defined in paragraph 4 of Art. 5 6 Code of Criminal Procedure of the Russian Federation. If I agree to testify, I am warned that my testimony can be used as evidence in a criminal case, including in the event of my subsequent refusal to testify;
4) present evidence;
5) submit petitions and challenges;
6) testify in my native language or in a language that I speak;
7) to use the help of an interpreter free of charge;
8) have a representative;
9) to participate, with the permission of the investigator or interrogating officer, in investigative actions carried out at my request or at the request of my representative;
10) get acquainted with the protocols of investigative actions carried out with my participation and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert's opinion in the cases provided for in Part 2 of Art. 198 7 Code of Criminal Procedure;
12) upon completion of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in the criminal case, I have the right to get acquainted with those materials of the criminal case that relate to the harm caused to me personally;
13) receive copies of decisions on initiating a criminal case, recognizing me as a victim or refusing to do so, on termination of a criminal case, suspension of criminal proceedings, as well as copies of a verdict of a court of first instance, decisions of courts of appeal and cassation instances;
14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;
15) to speak in court debates;
16) support the prosecution;
17) get acquainted with the protocol of the court session and submit comments on it;
18) file complaints against actions (inaction) and decisions of the inquirer, investigator, prosecutor and court;
19) appeal against a sentence, ruling, court order;
20) to know about the complaints and presentations brought in the criminal case and to submit objections to them;
21) apply for the application of security measures in accordance with Part 3 of Art. 11 8 Code of Criminal Procedure of the Russian Federation;
22) exercise other powers provided for by the Code of Criminal Procedure of the Russian Federation.

victim AND.AND. Sallo

Decree announced and rights explained

Investigator of the Investigation Department
Central District Department of Internal Affairs of Ensk
Lieutenant of Justice A.V. Muravlev

victim AND.AND. Sallo

6 Commentary to this paragraph, see in more detail: Ryzhakov A.P. Commentary on the Code of Criminal Procedure of the Russian Federation. - 7th ed. - S. 28 - 29.

Decision on the application of a disciplinary measure to the convict

Appendix N 13 to the Internal Regulations

RESOLUTION
on the imposition of a disciplinary measure on the convicted

Convict(s) _________________________________________________
(last name, first name, patronymic, year of birth)

(describes the essence of the violation)
__________________________________________________________________
__________________________________________________________________
After reviewing the submitted materials on ___________________________
surname, initials
convict
and guided by Art. 115 of the Penal Code
Russian Federation

RESOLVED:

Convict(s) ______________________________________________
(Full Name)
for violation of the established procedure for serving a sentence __________
__________________________________________________________________

Head of VK ______________________________________

"__" ____________ 200_

The decision was issued by ______________________________________________
(position, rank, surname, initials)

The decision was announced to me __________________________________
(signature, date)

Decree announced by ______________________________________________
(title, surname, initials, signature)

Source - Order of the Ministry of Justice of Russia dated October 6, 2006 No. 311 (with amendments and additions for 2012)

Decision on the application of a disciplinary measure to the convicted person (recommended sample)

Appendix N 25 to the Instructions for organizing the execution of punishment in the form of restriction of freedom

Convict ____________________________________________________________
(Full Name,

year of birth)
committed a violation of the established procedure for serving a sentence, expressed
that _______________________________________________________________
(grounds for collection)
___________________________________________________________________________
Having considered the written explanation ______________________________________
and other verification materials, guided by Art. _______ Criminal
executive code of the Russian Federation,

RESOLVED:

Convict _______________________________________________________________
(surname, initials)
for violation of the established procedure for serving a sentence ___________________
___________________________________________________________________________
(type of disciplinary sanction)

Boss
Criminal Executive Inspectorate N ______
________________________ ______________________ _________________________
(title) (signature) (initials, surname)

"__" ________________ 20__

Decree
announced _________________________________________________________________
(signature, title, initials, surname)

Acquainted with the resolution _______________________________________________
(convict's signature, date)

Source - Order of the Ministry of Justice of the Russian Federation of October 11, 2010 No. 258

Ninth Arbitration Court of Appeal composed of:

presiding judge AND.M. Kleandrova,

judges R.G. Nagaeva, V.V. Lapshina,

during the record keeping by the secretary of the court session D.A. Malyshev,

having considered in open court the appeal of JSC

"Sebryakovcement"

to the decision of the Arbitration Court of the city of Moscow dated February 15, 2019

in case No. A40-175767/18, issued by Judge E.V. Mironenko,

on inclusion in the register of creditors' claims of the debtor ZVD-INVEST LLC of the claim

individual entrepreneur Zamakhaev Vladimir Dmitrievich in the amount of 155,445

rubles, of which 135,000 rubles are the principal debt, 20,445 rubles are penalties in the third

satisfaction queue,

in the framework of the case on declaring insolvent (bankrupt) LLC "ZVD-INVEST"

when participating in a court session:

from Zamakhaev V.D. – Ivanova N.Yu. by dov. from 25.05.2017

Installed:

By the decision of the Arbitration Court of the city of Moscow dated 08.10.2018 in respect of LLC

ZVD-INVEST introduced bankruptcy proceedings under a simplified procedure

liquidated debtor. Klimova S.E. was approved as the bankruptcy trustee, about which

The Moscow Arbitration Court received a request for an individual

businessman Zamakhaev Vladimir Dmitrievich on the inclusion of requirements in the amount

155,445 rubles, of which 135,000 rubles are the principal debt, 20,445 rubles are penalties in

register of claims of the debtor's creditors.

Rejected by the ruling of the Moscow Arbitration Court dated February 15, 2019

petition of the creditor JSC "Sebryakovcement" to merge into one proceeding for

joint consideration requirements Zamahaeva The.D. and statements of Sebryakovcement JSC

on challenging the transaction, received by the court on 01/25/2019. Included in the register of requirements

creditors of the debtor ZVD-INVEST LLC demand an individual

entrepreneur Zamakhaev Vladimir Dmitrievich in the amount of 155,445 rubles, of which

А40-175767/18 2

135,000 rubles - the main debt, 20,445 rubles - penalties in the third place

satisfaction.

Disagreeing with the adopted judicial act, Sebryakovcement JSC applied to

The Ninth Arbitration Court of Appeal with an appeal in which it asks

cancel the decision of the Arbitration Court of the city of Moscow dated February 15, 2019 in case No. A40-

175767/18 and adopt a new judicial act.

In justification for the annulment of the judicial act, the complainant refers to an incomplete

clarification by the court of circumstances relevant to the case, inconsistency of conclusions

court circumstances of the case, violation of substantive and procedural law.

At the hearing the representative Zamahaeva The.D. objected to the arguments

appeal, pointing out their groundlessness.

Other persons participating in the case, notified by the court of the time and place of the hearing

cases, did not appear at the hearing, in connection with which, the appeal

considered in their absence, based on the norms of Art. Art. 121, 123, 156 Arbitration

procedural code of the Russian Federation.

In accordance with paragraph 2 of part 1 of Article 121 of the Arbitration Procedure

Code of the Russian Federation (as amended by Federal Law No. 228-FZ of July 27, 2010)

information about the time and place of the court session was published on the official

website http://kad.arbitr.ru.

The legality and validity of the disputed ruling was verified by the appeal

insolvency (bankruptcy)» case of insolvency (bankruptcy)

are considered by the arbitration court in accordance with the rules provided for by the Arbitration

procedural code of the Russian Federation, with the features established

Bankruptcy law.

In paragraph 26 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian

Federation of June 22, 2012 No. 35 “On some procedural issues related to

Bankruptcy Cases” clarifies that, by virtue of paragraphs 3-5 of Article 71 and