Law enforcement of a civil claim in criminal proceedings of Russia

Introduction: the issue of compensation for harm (damage) caused by a crime remains relevant to the present time both in the theory of criminal proceedings and in the law enforcement activities of the preliminary investigation and court bodies. In this article, the analysis of the legal essence of a civil claim, the practice of its application is carried out, the author's conclusions on the problem under consideration are made. Materials and Methods: the article uses the provisions of the current legislation, statistical data, and opinions of procedural scientists on the topic under consideration, as well as materials of judicial practice. On the basis of the dialectical method of cognition, as well as methods of analysis and synthesis, comparative and legal, statistical and logical, generalizing conclusions were made and proposals were formulated. Results: the conducted research allowed us identify areas of concern in the correlation of the norms of civil procedure and criminal procedure legislation in terms of the implementation of a civil claim in the framework of criminal proceedings. Two ways of resolving the current situation were proposed: each of them is associated with the need for changes by the legislator. When resolving issues of recourse and other related claims in the framework of criminal proceedings, it is not necessary to mix the areas of criminal procedure and civil procedure legislation, and therefore it is not necessary to expand the norms related to the regulation of the institution of civil action. Discussion and Conclusions: on the basis of the conducted research, generalizing conclusions are made and ways of solving the identified problematic issues are proposed.