Criminal procedural succession of the rights of the deceased participant of criminal proceedings

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The paper presents an analysis of the points of view available in the legal literature regarding a legal phenomenon related to the actual preservation of personal non-property rights of deceased participants in legal relations, which are subject to posthumous protection in criminal proceedings. The most significant of the approaches are determined. Based on a study of the norms of civil, civil procedure, criminal procedure legislation, and also taking into account the position of the Constitutional Court of the Russian Federation, it is concluded that the state delegates the powers to protect certain intangible benefits of a deceased participant in criminal proceedings to his close relatives and other persons within the framework of the succession institution. The author's vision of the criminal procedural succession of rights is proposed, which explains the purpose of participation in the criminal proceedings of the corresponding category of persons. The content of their powers is determined.

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Death of a participant in criminal proceedings, death of a victim, death of a suspect (accused), close relative, criminal procedural succession

Короткий адрес: https://sciup.org/143170967

IDR: 143170967   |   DOI: 10.19073/2658-7602-2020-17-1-140-147

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