IDEOLOGICAL, LEGAL AND PROCEDURAL ASPECTS OF THE SEARCH FOR EFFECTIVE WAYS OF COMPENSATION FOR HARM CAUSED BY THE CRIME
Journal: RUDN Journal of Law (Vol.24, No. 1)Publication Date: 2020-03-18
Authors : Oleg Tarnavsky; Ladmila Bormotova;
Page : 46-59
Keywords : restorative justice; compensation for harm; victim; civil claim; state compensation; restitution in criminal proceedings;
Abstract
The level of public confidence in the law enforcement and judicial system leaves much to be desired from year to year, citizens are increasingly showing contempt for the laws and refuse to promote justice. This is due to a number of reasons that lie not only in the plane of this discussion. Meanwhile, it is obvious that punitive measures of influence do not have the proper effect in the absence of concern on the part of the state about its citizens who have been subjected to criminal influence. Analysis from the point of view of the prospects of the article subjected to all the existing forms of redress. As a result, the authors came to the conclusion that it is necessary to simplify the methods of compensation of harm on the way to the construction of restorative criminal justice in our country. The interests of the individual and the state in modern criminal proceedings are increasingly consistent with the two most promising in the opinion of the authors of the article forms of compensation for harm: voluntary compensation for harm to the accused and/or state compensation.
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