Private Procedure for Criminal Prosecution in Russian Legal Proceedings (Implementation Problems)

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Abstract

The purpose of the study is the private order of criminal prosecution, its practical significance, ensuring the rights and legitimate interests of citizens of modern Russia. For its implementation, legislative acts were studied, on the basis of which a retrospective of the development of this institute was briefly given. The formation of its own attitude to the problem was based on understanding the publications of procedural scientists. The main focus is on the procedure for considering criminal cases of crimes under Part 1 of Article 15 of the Criminal Code of the Russian Federation (intentional infliction of slight bodily harm that caused a short-term health disorder or a slight persistent loss of general working capacity); Art. 116.1 of the Criminal Code (beatings by a person subjected to administrative punishment); w. 1 Article 128.1 Criminal Code of the Russian Federation (libel). The special legal status of the victim participating in the criminal prosecution of a private type is indicated. The article provides statistical data from the Judicial Department under the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia on the dynamics of bringing citizens (including those held in places of deprivation of liberty) to justice under the designated articles of the Criminal Code of the Russian Federation. It is pointed out the contradictions between administrative legal (public) and criminal procedure (private) in deciding on the prosecution of persons who have committed such acts again. The conclusion contains the author's argument on changing the type of criminal prosecution - the abolition of charges in court in private

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About the authors

Nikolai Grigorievich Shurukhnov

Research Institute of the Federal Penitentiary Service of Russia

Email: matros49@mail.ru
Dr.Sci.(Law), Professor, Lead Team Researcher training of scientific and pedagogical andscientific personnel of the scientist's apparatus Secretary of Adjunct, Doctoral Studies Moscow, Russia

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