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Гарантии реализации права потерпевшего на возмещение вреда, причиненного преступлением, закрепленные в уголовном законодательстве стран СНГ
Bringing the perpetrator to criminal responsibility is intended to correct him, restore social justice and prevent the commission of new crimes. However, it is hardly possible to recognize these goals as achieved if the perpetrator did not compensate for the harm caused by the crime.
In order to develop specific proposals aimed at increasing the guarantee of such compensation using criminal law means, the author sets himself the task of identifying and systematizing the species diversity of criminal law guarantees for the realization of the victim's right to compensation for harm caused by a crime, assessing their effectiveness and critically reviewing existing measures.
For a comprehensive and objective study, a comparative legal method is used with a sample limited by the current criminal legislation of the CIS countries (synchronous comparison). The problem is considered on the basis of a study of domestic and foreign criminal legislation, judicial practice and doctrinal sources.
As a result of the study, the author came to the conclusion that guarantees for the realization of the victim's right to compensation for harm caused by a crime can be divided into two groups: measures that stimulate the offender to voluntary compensation for harm, and measures of a non-stimulating nature. Moreover, they differ depending on the stages of the criminal proceedings. When stimulating the perpetrator, the balance of the severity of measures is important, which allows him to motivate him to compensate for harm in the maximum, based on specific circumstances, volume. Criminal law should take into account all potential scenarios for the development of events and offer a flexible system of opportunities for a criminal to receive criminal benefits in connection with compensation for harm. Measures that ensure the priority of the interests of the victim over the interests of the state during the confiscation of property are effective guarantees for the realization of the victim's right to compensation for harm caused by a crime of a non-stimulating nature; exclusion of limitation of actions for claims for compensation for harm caused by a crime; as well as the introduction of the institution of compensation for victims, carried out from the means of special funds.