Problems with the implementation of guarantees for the protection of the rights and legitimate interests of victims of domestic violence under the institution of private prosecution
Автор: Shirova E.Kh., Pashayev Kh.P.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Рубрика: Уголовно-правовые науки
Статья в выпуске: 3 (35), 2025 года.
Бесплатный доступ
This article examines the challenges of implementing guarantees for the protection of victims' rights in cases of domestic violence within the institution of private prosecution in the Russian criminal process. The authors analyzes the historical development of this institution, its current state, and regulatory framework, with a particular focus on the limited scope of crimes prosecuted privately. Based on an analysis of judicial practice and high-profile cases, it is shown that private prosecution does not provide effective protection for victims. Recent legislative changes, including the exclusion of defamation from private prosecution, are considered, as are the prospects for reform of the institution. The authors concludes that the preservation of private prosecution in its current form does not serve the interests of domestic violence victims and proposes its abolition, transferring relevant offenses to the category of public-private prosecution to strengthen state protection.
Private prosecution, right to access justice, protection of victims' rights, justice of the peace, justice of the peace system, domestic violence
Короткий адрес: https://sciup.org/143184948
IDR: 143184948 | УДК: 343.13+343.6