Selected issues of ensuring the rights of the victims of environmental crime in applying a pre-trial cooperation agreement
Автор: Lukomskaya Anastasia S.
Журнал: Вестник Казанского юридического института МВД России @vestnik-kui-mvd
Рубрика: Уголовный процесс, ОРД и криминалистика
Статья в выпуске: 1 (31), 2018 года.
Бесплатный доступ
Introduction: the article is focused on the analysis of certain issues of ensuring the rights of the victim of an environmental crime in applying of the procedural order of the conclusion of a pre-trial cooperation agreement, the special order of making a court decision when concluding a pre-trial cooperation agreement. The purpose of the study was to substantiate the significance of the category of crime when applying the procedure for concluding a pre-trial agreement on cooperation in criminal cases on environmental crimes, determining the boundaries of a subsidiary accusation in criminal cases on environmental crimes for which a pre-trial cooperation agreement was concluded, and referring the cooperation agreement to evidence. These issues are explored through the prism of ensuring the rights and legitimate interests of victims of environmental crimes. Materials and Methods: when working on the article the theory of differentiation of criminal proceedings was used; methods of empirical research; methods of theoretical research; general logical methods of scientific research were applied. Results: 1. It is substantiated that the application of the procedural order of the conclusion of a pre-trial cooperation agreement and the special procedure for the adoption of a judicial decision in criminal cases on environmental crimes of medium gravity and serious crimes, in criminal cases on grave and especially serious complex environmental crimes that go beyond the protective norms of Chapter 26 of the Criminal Code of the Russian Federation, most meets public interests, the purposes of this institute. 2. The boundaries of the subsidiary charge when applying the conclusion of a pre-trial agreement on cooperation in criminal matters on environmental crimes of medium gravity and serious are outlined by the right to partial compensation for the harm caused by the crime in criminal cases of environmental crimes of small gravity by requiring compensation for damage or otherwise ameliorating the environmental crime harm to the victim prior to the application of the special procedure for the adoption of a judicial decision provided for in Chapter 40.1. the Russian Federation Code of Criminal Procedure (below - CCP). Discussion and Conclusions: the author proposes to expand the boundaries of cooperation provided for by the norms of Cl. 61, Art. 5 of the Code of Criminal Procedure and Part 2 of Art. 317.1. of the Code of Criminal Procedure of the Russian Federation, regarding the enforcement of the full (environmental crimes of small gravity), partial (environmental crimes of medium gravity and serious) compensation for damage caused by the crime, as a pre-trial cooperation agreement.
Короткий адрес: https://sciup.org/142211829
IDR: 142211829 | DOI: 10.24420/KUI.2018.31.11116