Pages: 145 - 151
Authors: Baranov V. A., Prizhennikova A. N.
Abstract: A committed crime results in the violation of property rights, and certain personal non-property rights are damaged. The institute of civil action in criminal procedure is one of the ways to protect the rights of a person who suffered material damage and (or) non-pecuniary damage
Keywords: criminal proceedings, civil proceedings, a claim in criminal trial, the content of the claim, enforcement order, the adversarial and equality principles, the court enforcement officer
1. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (adopted by the resolution of the UNO
General Assembly 40/34 as of November 29 1985).
2. Decree № 1 as of 29.04.1996 of the Plenum of the Russian Federation Supreme Court “On court sentence” “On court
sentence” № 1 (as amended from the Decree of the RF Supreme Court as of).
3. Decree № 1 as of 29.04.1996 of the Plenum of the Russian Federation Supreme Court “On court sentence” “On court
sentence” № 1 (as amended from the Decree of the RF Supreme Court as of 06.02.2007 № 7) (paragraph 19).
4. Federal Law as of November 26, 2001 № 146‑ФЗ “On effecting Part 3 of the Russian Federation Civil Code”.
5. Federal Law as of October 02, 2007 № 229-ФЗ “On enforcement proceedings”.
6. Federal Law as of July 21, 1997 № 119‑ФЗ “On enforcement proceedings” (art. 7–10).
7. Instruction on judicial office management in the Supreme Courts of the republics, territorial and district courts, city courts
of federal jurisdiction, courts of autonomous regions and autonomous districts. Approved by the order Judicial Department
with the Russian Federation Supreme Court as of 15.12.2004 № 161.
8. Kvachevskiy A. On criminal prosecution, depositions and pre-trial investigation of crimes under judicial statute of 1864. –
SPb, 1966. – Р. 53, 58.
9. Kotsubin Yu. M. On constitutionality of the provisions of the RF Criminal Procedure Code Article 399, applied by courts
during the consideration of issues related to the execution of sentences.//Russian judge. – 2005. – № 11.
10. Refer to Instruction on judicial office management in regional court. Approved by the Order of the General Director of Judicial
Department with the Russian Federation Supreme Court as of 29.04.2003 № 36.
11. Refer to the RF Constitutional Court Decisions as of 11.08.2006 № 351‑O “On the claim of Slyusarev Vladimir Nikolaevich
related to the violation of his constitutional rights by provisions of Part 2 and 3 Article 399 of the Russian Federation
Criminal Procedure Code”.
Historical and legal basis of the russian penal policy
12. Rosin N. N. Criminal Procedure. – Pg., 1916. – Р. 256–264.
13. Russian Federation Criminal Procedure: Manual 2nd edit., amended and suppl./L. N. Baskatov (et al.) edit I. L. Petrukhin. –
M.: TK “Velbi” Publ. House “Prospekt”, 2006. – Р. 291.
14. Ryzhakov A. P. The concept and legal status of a civil claimant in criminal proceedings. Commentary to the article 44 of
the RF/SPS Criminal procedure code “ConsultantPlus”.