of June 29, 2010 No. 17
About practice of application by courts of the regulations regulating participation of the victim in criminal trial
Strict observance of the regulations regulating participation of the victim in criminal trial serves as the important sales warranty as person, the victim of crime, the constitutional right on access to justice, judicial protection and compensation of the damage caused to it. The rights of the victims from crimes and abuses of the power are protected by the law (article 52 of the Constitution of the Russian Federation).
According to the Universal Declaration of Human Rights of December 10, 1948, the Declaration of the basic principles of justice for the victims of crimes and abuses of the power (adopted by the General Assembly resolution of November 29, 1985 40/34) and also according to the Recommendation of Committee of ministers of the Council of Europe "About the victim's provision within the criminal law and process" of June 28, 1985 No. R (85) protection of legitimate interests of the victim, respect of its advantage, increase in trust of the victim to criminal justice shall be the 11th important function of criminal justice.
For the purpose of ensuring the correct and uniform application by courts of the regulations of the criminal procedure legislation regulating participation of the victim in criminal trial, providing its rights and legitimate interests the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides to make to courts the following explanations:
1. Draw the attention of courts that owing to Item 1 of part 1 of article 6 Code of Criminal Procedure of the Russian Federation criminal trial has the appointment protection of the rights and legitimate interests of persons and the organizations which were injured from crimes.
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