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Implementation of the rights and duties of the victim during the investigation (thesis, 2006)
Uploaded: 12.06.2007
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Table of contents
INTRODUCTION 3
1. The notion of victim 6
1.1. NATURAL PERSON AS A VICTIM 6
1.2. ENTITY as a victim 11
1.3. The notion of victim under foreign legislation 14
2. The realization of the rights and duties of the victim on the preliminary investigation 26
2.1. The rights of victims 26
2.2. Responsibility by an injured 47
3. The problem of ensuring the safety of victims 52
CONCLUSION 68
REFERENCES 72
Additional information
References
1. The Constitution of the Russian Federation (adopted by national referendum 12 December 1993) // the Russian newspaper. December 25, 1993
2. Criminal Procedure Code of the Russian Federation of December 18, 2001 N 174-FZ (rev. And ext. On March 3, 2006) // SZ the Russian Federation. 2001. №52 (Part 1). Art. 4921.
3. Civil Code of the Russian Federation: the first part of November 30, 1994 N 51-FZ, the second part of January 26, 1996 N 14-FZ and the third part of 26 November 2001 N 146-FZ (as amended on 3 January 2006) // SZ the Russian Federation. 1994. №32. Art. 3331; 1996. № 5, Art. 410; 2001. №49. Art. 4552.
4. Presidential Decree of March 6, 1997 N 188 "On approving the list of confidential information" (as amended on September 23, 2005) // SZ the Russian Federation. 1997. №10. Art. 1127.
5. Federal Law of 20 August 2004 N 119-FZ "On state protection of victims, witnesses and other participants in criminal proceedings" (rev. And ext. December 29, 2004) // SZ the Russian Federation. 2004. №34. Art. 3534.
6. Federal Law of July 9, 1993 N 5351-I "On Copyright and Related Rights" (as amended on July 19, 1995 July 20, 2004) // the Russian newspaper. August 3, 1993
7. The decision of the Constitutional Court of the Russian Federation dated December 8, 2003 N 18-P "On the case on the constitutionality of the provisions of Articles 125, 219, 227, 229, 236, 237, 239, 246, 254, 271, 378, 405 and 408, and Chapters 35 and 39 of the Criminal Procedure Code of the Russian Federation in connection with the requests of courts of law and citizens' complaints "// SZ the Russian Federation. 2003. №51. Art. 5026.
8. The decision of the Constitutional Court of the Russian Federation dated May 11, 2005 N 5-P "On the case about the verification of constitutionality of Article 405 of the Criminal Procedure Code of the Russian Federation in connection with the request of the Kurgan Regional Court, complaining of the Commissioner for Human Rights in the Russian Federation, technology cooperative "Assistance", a limited liability company "Karelia" and a number of citizens "// SZ the Russian Federation. 2005. №22. Art. 2194.
9. Decision of the Constitutional Court of the Russian Federation on June 27, 2005 N 7-P "On the case on the constitutionality of the provisions of the second and fourth parts of Article 20, the sixth part of Article 144, paragraph 3 of the Article 145, part three of Article 318 of the first and Two of Article 319 of the Criminal Procedure Code of the Russian Federation in connection with the requests of the Legislative Assembly of the Republic of Karelia and the Oktyabrsky district court in Murmansk "// SZ the Russian Federation. 2005. №28. Art. 2904.
10. Decree of the Presidium of the USSR Supreme Soviet of June 25, 1973 N 4409-VIII "On Compensation funds spent on treatment of citizens, victims of criminal acts" // Bulletin of the Supreme Soviet of the USSR. 1973. №27. Art. 348.
11. Resolution of the SM of the RSFSR of July 14, 1990 N 245 "On approval of the instructions on the manner and amount of reimbursement and payment of compensation to persons in connection with their challenge to the bodies of inquiry, preliminary investigation, the prosecutor's office or the court (except the Constitutional Court of the Russian Federation and Court of Arbitration) (as amended on March 2, 1993, March 4, 2003) // Meeting of the resolutions of the Government of the RSFSR. 1990. № 18. Art. 132.
12. Order of the Ministry of Finance of October 16, 2000 N 91n "On Approval of Accounting Regulations" Intangible Assets Accounting "PBU 14/2000" // Economy and life. 2000. №48.
13. Resolution of the Plenum of the Supreme Court on November 1, 1985 N 16 "On the practice of courts of law governing the participation of victims in criminal proceedings" // Bulletin of t