Legal forms for restoration of civil rights, violated by crime: some aspects of the theory and modern law enforcement

Introduction: the paper considers the legal forms of the restoration of civil rights violated by the crime on the basis of a comprehensive study, assessment and generalization of the criminal procedural, civil and civil procedural legislation. Also on the basis of the study conducted by the authors and summarizing the law enforcement practice on the realization of compensation for harm caused to the victim by the crime, the analysis of its current state is given and some recommendations for improving the provisions ensuring the property protection of victim’s rights are made. Primarily the study is aimed at determining the optimal forms of restoration of civil rights violated by the crime, which can influence the improvementof the effectiveness of law enforcement agencies in protecting the legal rights and interests of individuals. Materials and Methods: the empirical basis of the study was the reviews of the activities of federal courts of general jurisdiction and magistrates; official statistics of the Ministry of Internal Affairs of the Russian Federation, as well as data obtained as a result of a sociological survey of different groups of respondents determined by a quota representative sample. General scientific methods of expertise of objective reality (analysis, synthesis, induction, deduction), private-science methods (questioning, interviewing) and special-legal methods (comparative law) were used. Results: as a result of the analysis, the authors concluded that there is a need for more strict control by both heads of departments and supervisory bodies of persons holding inquests and preliminary investigations regarding compliance with provisions ensuring the property protection of the victim’s rights from crime provided for both by the Constitution of the Russian Federation and by the norms of civil legislation. On the basis of the data obtained, the authors presented recommendations on improving the effectiveness of organizational and legal forms for the implementation of tort liabilities in the activities of law enforcement bodies.