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In accordance with the provisions of Art. 10 federal law dated 05/31/2002 No. 62-FZ (as amended on 12/31/2014) "On citizenship Russian Federation"The document certifying the citizenship of the Russian Federation is a passport of a citizen of the Russian Federation or another main document containing an indication of the citizenship of the person. The types of basic documents proving the identity of a citizen of the Russian Federation are determined by Federal Law No. 114-FZ of 15.08.1996 (as amended of 31.12 .2014) "On the procedure for leaving the Russian Federation and entering the Russian Federation" (passport; diplomatic passport; service passport).
According to the Regulations on the procedure for considering issues of citizenship of the Russian Federation (approved by Decree of the President of the Russian Federation of November 14, 2002 No. 1325 (as amended on August 06, 2014) "On approval of the Regulations on the procedure for considering issues of citizenship of the Russian Federation"), the presence of citizenship of the Russian Federation is certified by the following documents :
a) a passport of a citizen of the Russian Federation, including a foreign passport;
b) diplomatic passport;
c) official passport;
e) an identity card (military ID) of a serviceman with an insert indicating the citizenship of the Russian Federation;
f) a birth certificate, which contains information about the citizenship of the Russian Federation of the parents, one of the parents or the only parent;
g) a birth certificate with a mark confirming the citizenship of the Russian Federation, affixed by an official of the authorized body.
The only document confirming that a child has Russian citizenship, until he receives a passport, is a birth certificate. In case of its loss, you must contact the registry office where the birth of the child was registered or the registry office at the place of residence / temporary registration.
Not only the parents of the child, but also guardians, guardians of the child or representatives of the guardianship authority or the person in respect of whom the birth record was entered can apply for the restoration of a birth certificate.
To issue a duplicate certificate, you need:
1. Write an application for a duplicate;
2. Provide documents confirming the rights of the applicant - passports with records of children,
3. Pay the state duty for its issuance.
If the registry office in which the birth was registered is now located in another city, because you have moved, you need to contact the registry office at the place of residence, he will send your application to the desired registry office and after a few weeks you will be able to receive a duplicate certificate. However, in any case, it will be necessary to appear at the registry office at the place of birth, since a duplicate is issued only in person in the hands of a citizen.
Normative legal acts concerning confirmation of the status of a citizen of the Russian Federation:
"Tax Code of the Russian Federation (Part Two)" dated August 5, 2000 No. 117-FZ (as amended on December 29, 2014) (as amended and supplemented, effective from January 29, 2015);
Federal Law No. 114-FZ of August 15, 1996 (as amended on December 31, 2014) "On the procedure for leaving the Russian Federation and entering the Russian Federation"
Federal Law No. 143-FZ of November 15, 1997 (as amended on June 23, 2014) "On acts of civil status" (as amended and supplemented, effective from January 1, 2015)
Section I
Documents confirming the status of the applicant.
1. Individuals
1.1. Original of one of the identity documents:
Passport or document replacing it;
Identity card of an officer of the Ministry of Defense, the Ministry of Internal Affairs and other military formations and a certificate of registration at the place of residence - form-33;
Birth certificate (for citizens under the age of 16).
For foreigners, stateless persons, political emigrants:
national passport,
Certificate - for stateless persons,
Certificate of the executive committee of the SOCC - for political emigrants,
Resident card.
Note. When changing the last name, first name, patronymic, an appropriate document on such changes from the registry office is provided.
1.2. If registration is carried out by a representative, in addition to identity documents, one of the documents confirming the authority of the representative is submitted:
Power of attorney certified in accordance with Art. 185 of the Civil Code of the Russian Federation;
Documents confirming guardianship, guardianship, patronage, with the child's birth certificate attached, copies of judicial decisions on disability.
2. Legal entities
2.1. The original or a notarized copy of the Articles of Association with all amendments and additions and the original or a notarized copy of the certificate of state registration;
2.2. Original or notarized copy of the decision on the appointment of the head legal entity or a person who signed a transaction on behalf of a legal entity, on the basis of which the right to a real estate object was declared for registration. (for example: according to the Charter, the right to dispose of property is granted to a certain management body of a legal entity (for example: director), in this case, it is mandatory to submit a document confirming the fact of his appointment (election) to the position. If the right to dispose of property under the Charter is granted to the Council directors (or other collegiate body), it is necessary to submit the original or a notarized copy of the decision of the Board of Directors (or other collegiate body) on making a decision on the issue of alienation of real estate and delegating to sign an agreement to an official (for example: director).
In accordance with Art. 2 of the Registration Law, state registration of legal entities is carried out by the federal executive body authorized in the manner established by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation".
According to Decree of the Government of the Russian Federation of May 17, 2002 N 319 "On the authorized federal executive body that carries out state registration of legal entities, peasant (farm) households, individuals as individual entrepreneurs" *(12) , the Ministry of the Russian Federation for Taxes and Duties of the Russian Federation is called such a body *(13) , or rather its territorial bodies. This is also reflected in paragraph 5.3.1 of the Regulations on the Federal Tax Service *(14) (approved by Decree of the Government of the Russian Federation N 506 of September 30, 2004), which states that one of the powers of the Federal Tax Service is "state registration of legal entities, individuals as individual entrepreneurs and peasant (farm) households."
The legal status of the registering body consists, in particular, of its rights and obligations. The Regulation on the Federal Tax Service (Part VI) defines its following powers, which can also be applied to the sphere of state registration of legal entities:
1) organize the conduct of the necessary studies, tests, examinations, analyzes and assessments, as well as scientific research on the implementation of control and supervision in the field of state registration of legal entities;
2) request and receive information necessary for making decisions on state registration of legal entities;
3) give explanations to legal entities and individuals on issues of state registration of legal entities;
4) exercise control over the activities of the territorial bodies of the Service and subordinate organizations;
5) involve, in the prescribed manner, scientific and other organizations, scientists and specialists to study the issues of state registration of legal entities;
6) apply measures of a restrictive, preventive and preventive nature provided for by the legislation of the Russian Federation, as well as sanctions aimed at preventing and (or) eliminating the consequences caused by violation by legal entities and individuals of the mandatory requirements of state registration in order to prevent violations of the legislation of the Russian Federation;
7) create advisory and expert bodies (councils, commissions, groups, colleges) in the field of state registration of legal entities;
The duties of the Federal Tax Service include:
1) compliance with the law;
2) exercising control over compliance with the legislation in the field of state registration;
3) conducting explanatory work on the application of the legislation on state registration;
4) keeping records of registered legal entities and individual entrepreneurs in accordance with the established procedure;
5) storage of secret information about legal entities.
On behalf of the Federal Tax Service, inspectorates of the Federal Tax Service for a district, a district in a city, a city without district division and an inspectorate of the Federal Tax Service at the interdistrict level, as well as the Federal Tax Service department for the constituent entities of the Russian Federation, participate in registration legal relations *(15) . At the same time, the authorities of the Federal Tax Service for the constituent entities of the Russian Federation are empowered to state registration only of legal entities in respect of which a special registration procedure has been established by federal laws (clause 6.3.1. Appendix No. 5 to the Order of the Ministry of Finance of the Russian Federation of August 9, 2005).
In addition to the registering authorities, the opposite side is also involved in the legal relationship of state registration of legal entities - applicants for state registration of legal entities, which can only be individuals.
In accordance with the third paragraph of the first paragraph of Art. 9 of the Registration Law, applicants may be the following persons:
o the head of the permanent executive body of the registered legal entity or another person who has the right to act on behalf of this legal entity without a power of attorney;
o founder (founders) of a legal entity upon its creation;
o the head of the legal entity acting as the founder of the registered legal entity;
o bankruptcy trustee or head of the liquidation commission (liquidator) upon liquidation of a legal entity;
o another person acting on the basis of the authority provided for by federal law, or an act of a specially authorized state body, or an act of a local government body.
The legal status of the bodies of a legal entity (their composition, list, competence, etc.) is determined by the norms of the Civil Code of the Russian Federation, special laws that fix the legal status of certain organizational and legal forms of legal entities, and constituent documents. Accordingly, the legal status of a permanent executive body is regulated differently. For example, the legislation on business companies provides that the sole executive body for joint-stock companies may be, depending on the position enshrined in the constituent documents, either a director, or a general director elected by a general meeting of shareholders, or a manager (individual entrepreneur who, under an agreement, performs the functions of a sole executive body); for limited liability companies, subsidiaries and affiliates, the name of this body is optional (director, president, chairman, etc.) and depends on the designation of this position in the constituent documents (it is also possible to conclude an agreement with the manager). The document confirming the election individual as the sole executive body of a business company, may be: a) minutes of the general meeting of participants (shareholders); b) decision of the founder if the company is established by one natural person; c) minutes of the meeting of the board of directors (supervisory board); d) a civil law contract, according to which the functions of the sole executive body are carried out by the manager.
The sole executive body of a state and municipal unitary enterprise is the head, who is appointed by the owner or a body authorized by the owner and is accountable to him (Article 113 of the Civil Code of the Russian Federation). A document confirming the appointment of an individual as a head, in this case will be the appropriate decision of the owner.
Among other applicants, the founder (founders) of a legal entity during its creation is also indicated, i.e. the person who made the decision to establish a legal entity. As you know, both individuals and legal entities can act as founders, therefore the Registration Law divides applicants into direct founders and heads of legal entities acting as founders of a registered legal entity. This provision is quite justified, because it is difficult to imagine a legal entity as an applicant, which is essentially a legal fiction. The legislator admits the possibility of being applicants not at once for all the founders of a registered legal entity, but for some part of them or even any one. This is also consistent with the fact that a number of organizational and legal forms of legal entities provide for the possibility of registering a legal entity with one founder, who is the only founder - the applicant.
Domestic legislation also regulates in a differentiated way the issue of the composition of the founders of legal entities of specific organizational and legal forms. So, for business partnerships (general partnerships and limited partnerships), the opportunity to be founders extends to persons engaged in entrepreneurial activities (individual entrepreneurs and (or) commercial organizations). The founders or founder of economic companies can be both an individual and a legal entity (for subsidiaries and affiliates, a legal entity - any business company - must be present as a founder). At the same time, it must be taken into account that a legal entity cannot be the founder of a business entity consisting of one person (clause 2, article 88 and clause 6, article 98 of the Civil Code of the Russian Federation). As for the possibility of state authorities and local self-government bodies to be founders of business companies, it general rule denied. Exceptions to this rule apply to a) state and municipal institutions that can be founders of limited liability companies with the permission of the owner of the company (paragraph 4, clause 4, article 66 of the Civil Code of the Russian Federation); b) state property management bodies (at the federal level - the Government of the Russian Federation, as well as other bodies determined by the Government of the Russian Federation; at the regional level - bodies specially authorized for this by the laws of the constituent entities of the Russian Federation state power) *(16) when privatizing state and municipal enterprises in accordance with the legislation on privatization, c) state and local authorities that can act as founders of closed joint-stock companies with 100% participation of the state or municipality, respectively.
The indication in the list of applicants of the bankruptcy trustee or the head of the liquidation commission (liquidator) is due to the fact that, according to Russian legislation, based on global practice, the liquidation of legal entities is carried out not by the founders themselves, but by special bodies (liquidation commissions) or individuals(liquidators). This is necessary in order to fully exercise the rights of creditors to pay the liquidated debtor organization's accounts payable, as well as to accurately reflect the balance of property in the liquidation balance sheet. If the legal entity is in bankruptcy proceedings (namely, at the stage of bankruptcy proceedings), then the bankruptcy manager is an obligatory participant in this process, to whom the rights of the head of the debtor are transferred.
Particular attention should be paid to the last paragraph, which allows you to give the status of an applicant to any person who, by an act of a specially authorized government agency or a local government body (for example, for registration of unitary enterprises), or the right to be an applicant is granted by federal law. These acts are:
1) for the state registration of federal state unitary enterprises - orders of the Government of the Russian Federation or federal executive bodies of the Russian Federation (part 2 of article 10, part 2 of article 8 of the Federal Law of November 14, 2002 N 161-FZ "On state and municipal unitary enterprises" *(17) );
2) for state registration of state unitary enterprises of constituent entities of the Russian Federation - acts of the highest executive body of state power of a constituent entity of the Russian Federation (part 2 of article 10 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises", p. " e" Part 2, Article 21 of the Federal Law of October 6, 1999 N 184-FZ "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation" *(18) );
3) for municipal unitary enterprises - acts of a representative body of local self-government (part 2 of article 10 of the Federal Law of November 14, 2002 N 161-FZ "On state and municipal unitary enterprises"; paragraph 5 of part 10 of article 35 of the Federal Law of October 6, 2003 N 131-FZ "On general principles local self-government organizations in the Russian Federation" *(19) ).
When submitting an application and other documents to the registering body, the acts shall be certified by the signature of the head of the body entrusted with the said powers.
As noted in the Guidelines for filling out the forms of documents used for state registration of a legal entity, approved by Order of the Federal Tax Service dated November 1, 2004 N SAE-3-09 / [email protected] *(20) , applicants may be the following individuals:
1) the head of the permanent executive body of the registered legal entity or another person who has the right to act on behalf of this legal entity without a power of attorney:
Upon state registration of a legal entity created through reorganization;
2) the founder (founders) of a legal entity, as well as the head of the legal entity acting as the founder of the registered legal entity:
Upon state registration of a legal entity upon creation;
3) another person acting on the basis of the authority provided for by federal law or an act of a specially authorized state body, or an act of a local self-government body:
Upon state registration of a legal entity upon creation,
Upon state registration of a legal entity created through reorganization,
During state registration of changes made to the constituent documents of a legal entity,
When making changes to the information about a legal entity in the Unified State Register of Legal Entities that are not related to making changes to the constituent documents,
When making an entry on the termination of the activities of the affiliated legal entity,
Upon state registration of the termination of the activities of a unitary enterprise in connection with the sale of its property complex;
4) head of the liquidation commission (liquidator), bankruptcy trustee:
Upon liquidation of a legal entity.
An analysis of the normative acts regulating relations in the field of registration makes it possible to judge the quantitative and qualitative shortcomings of the norms that fix the substantive legal status of participants in registration procedures. For the most part, the status of the registering body is fixed, in some cases the status of an official. The procedural legal status of the applicant in many cases is absent altogether.
The presence of norms fixing the material and legal status of participants in registration procedures, in the legislation that forms the institution of registration, makes it possible to determine their legal personality and affects the legal status of an individual in his relations with executive authorities.
Definition norms. In the current regulations governing certain types of registration proceedings, the concept of state registration of the relevant objects, as a rule, is not formulated. Only in individual federal laws is the definition of the concept in question applied to the corresponding object of registration. So, in particular, in accordance with Article 2 of the Federal Law "On state registration of rights to real estate and transactions with it" dated 21.07. 1997, state registration of rights to real estate and transactions with it is understood as a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate. State registration of an object is carried out by the relevant administrative body, which, from our point of view, should be called registration. The registration itself is a set of actions (registration actions) consistently performed by the registration authority aimed at achieving the goals of such registration.
When using the concepts of “registration”, “registration” and “accounting” in regulatory legal acts, there is no clear distinction between them. In our opinion, it is necessary to study in more detail the question of the relationship between these legal categories: are they different in essence, or is it a synonymous content of these concepts.
In order to determine the basic concepts chosen as basic, it seems necessary to analyze the basic terms and the concepts they denote. First of all, such as: "registration" and "registration" and some others used in this work.
Analysis regulatory framework, which constitutes the institution of registration, allows us to conclude that the same administrative procedure in various legal acts is referred to as "registration" and "registration". At the same time, in our opinion, the identification of the concepts of "registration" and "registration" is not fully justified, since it does not take into account some significant differences in the content of the concepts under consideration. In general, agreeing that registration and registration accounting can be considered as synonyms, we believe that registration is a broader concept than registration accounting, since it has a number of significant distinguishing features and covers a wider range of social relations.
Let's reveal the essence of the concepts under study:
Ø Accounting - entering into the database, information about the subjects, their statuses, rights, obligations and actions performed by them. It can be divided into simple accounting (reference) and registration (official) accounting.
Ø Simple accounting (hereinafter referred to as accounting) is kept for reference purposes, and its data is legally insignificant. The rules for such accounting can be arbitrary, including official ones, but changing the accounting data will not lead to any legal consequences.
Ø Registration accounting is characterized by the legal significance of credentials. Usually, for the registration to be official, it is necessary to comply with certain official (defined by regulatory acts) registration rules. Usually, registers (registers, cadastres) provide official registration records.
Ø Registration - is characterized not only by the legal significance of credentials. Such a procedure is accompanied by the issuance to the applicant of a title document (certificate) on official recognition and confirmation by the state of the legality of the existence of material objects and legal facts.
Ø Register (register, cadastre) - a list, entry into or exclusion from which is carried out according to the rules defined by regulatory enactments, and leads to legal consequences. If there are no legal consequences, then this is just a (reference) list, although it can also be maintained according to the rules defined by regulatory enactments.
Ø An extract is a document containing information about the state of one or a number of accounts in the register (register, cadastre) at some point in time.
Ø Account - a record (information) about the facts taken into account real life. It has a specific meaning at any particular moment in time.
Accounting and registration for statistical purposes, as a means of carrying out analytical work, is beyond the scope of “our” interests.
In our opinion, the main feature that distinguishes registration from registration accounting can be considered its title character. In order to properly understand the functions and tasks of the institution of registration, it is necessary to disclose the meaning of the concepts discussed above in the regulations governing the institution of registration.
So, for example, St. 39. Federal Law "On Narcotic Drugs and Psychotropic Substances", establishes the registration of operations with narcotic drugs and psychotropic substances:
When carrying out activities related to the circulation of narcotic drugs and psychotropic substances, any operations that result in a change in their number and state are subject to registration in special journals by persons who are entrusted with this duty by order of the head of the legal entity. These logs are kept for 10 years after the last entry is made in them. The procedure for maintaining and storing these journals is established by the Government of the Russian Federation.
In our example, the procedure is carried out not by the state registration authority, but by authorized persons who are appointed by order of the head of the legal entity - the owner of the license for activities related to the circulation of narcotic drugs and psychotropic substances. In addition, registrations are inherent in the implementation stages of the procedure, different from simple accounting. This is the filing of an application by the interested subject of registration relations, the adoption of a decision on the case, the issuance of a document - a certificate of state registration, etc. In this case, these stages are absent, which allows us to conclude that it is necessary to replace the words “subject to registration in special journals” with the words “subject to registration in specialized journals.
And this is not the only example of the fact that the legislator does not distinguish between such legal categories as "registration", "registration" and "account".
In our opinion, registration and accounting are two different types procedures.
Registration:
Carried out by authorized bodies of executive power (registration bodies);
· has a prejudicial function, i.e. serves as a condition for the realization of the rights and legitimate interests of citizens and legal entities;
It has a declarative (notifying) character;
predominantly carried out on paid basis;
· confirmation of registration is a certificate or other document of strict accountability.
Accounting is one of the types of control activities of executive authorities and consists, first of all, in fixing facts, events, processes and other information. It is not legalizing in nature and does not entail any legal consequences in relation to the object of accounting. Accounting is rather one of the purposes of registration, but cannot replace registration.
In terms of improving legislation, it can be proposed to consider as grounds for classifying objects as registered the following criteria:
1) objects of registration are sources of increased danger - these are objects and substances that pose a threat if they are used improperly. The use of such material objects can be dangerous to the life and health of an unlimited number of persons (both participating and not participating in their use - weapons, vehicles, chemically hazardous industries, new medicines other);
2) objects of registration, whose activities create a risk of harm due to the impossibility of exercising full control over them by the state (legal entities, individual entrepreneurs, Foreign citizens etc.);
3) property and non-property rights of citizens, the emergence, change and termination of which is impossible without state confirmation of such a right (the right to real estate, copyright, etc.);
4) the objects are under constant financial control of the state and are taxable in accordance with the Tax Code on the territory of the Russian Federation ( credit organizations, financial and industrial groups, etc.);
5) objects with the indicated features are widespread and widespread on the territory of the Russian Federation.
It can be concluded that if an object subject to registration does not fall under at least one of the listed signs, then it does not need state regulation through registration. It is possible to use other softer methods of regulation (certification, accreditation, etc.).
4. Types of legal relations served by the institution of registration
The scope of state registration as one of the levers of state regulation is very extensive. In the legal literature, this issue is studied separately, in relation to specific objects subject to registration. There is still no single consolidated work within the framework of administrative law devoted to the institution of registration as a whole. There are only separate works on some issues of registration of citizens, registration of legal entities and individuals as individual entrepreneurs, registration of rights to real estate and transactions with it, registration trademark, registration of rights to land, licensing of certain types of activities and others.
The simplest and most convenient classification given by I. M. Lazarev, who distinguishes the following types of objects of state registration, seems to us:
1. Events
2. Legal states
3. Actions
4. Material objects.
The first includes events such as birth and death.
The second includes conditions such as:
Change of surname, name, patronymic;
Emergence, change and termination of the legal status of citizens and their organizations;
Emergence, change and termination of property and personal non-property rights;
Projects and programs of technical assistance.
The third includes registration procedures for such actions as:
Licenses;
Securities;
notary actions.
The fourth group - material objects:
Weapons and ammunition;
Cash registers;
Technological equipment for the production of ethyl alcohol and alcoholic products;
Tribal animals.
P. I. Kononov adheres to a similar classification according to the objects of registration. But such a classification is one-sided and does not reflect the full diversity of the legal phenomenon of registration.
The classification proposed by Shmaliy O.V. is interesting. In his work, the author makes an attempt to determine the general classification criterion for the type of state registration. Such is the public interest, taken in its specific expression, depending on the nature, level and content.
Based on the selected criterion, the following types of state registration are distinguished in the work:
By the nature of public interest (public-functional orientation):
a) registration aimed at protecting public order and ensuring national (state) security;
b) registration of a regulatory and managerial nature;
c) registration aimed at ensuring the rights and freedoms of citizens;
By level of public interest:
a) registration aimed at realizing the national interest;
b) registration aimed at realizing the public interest of a constituent entity of the Russian Federation;
c) registration aimed at realizing the interest of the local self-government body;
a) state registration in the economic sphere;
b) state registration in the administrative and political sphere;
c) state registration in the socio-cultural sphere.
This classification makes it possible to identify functionally determined features of the types of state registration, which makes it possible to streamline registration processes and eliminate internal contradictions in the regulation of registration relations.
The proposed classification of legal relations regulated by the norms of the institution of registration can be divided into two blocks.
The first block is typical, carried out on grounds suitable for classifying any type of administrative legal relationship:
on objects and subjects subject to registration;
by registration authorities;
by the nature of the registration;
by type of registration.
The second block of the classification is represented by specific features that are inherent in the institution of registration:
by the degree of payment for registration;
· according to the legal force of the norms constituting the institution of registration;
by the period of validity of the document on state registration;
· according to the jurisdiction of the decision to invalidate the document on state registration.
In cases of public prosecution, it is not required that, in a statement about a crime, the applicant make a request to bring the perpetrator to criminal responsibility. By virtue of the principle of publicity (officiality) operating in the Russian criminal process, this issue is resolved regardless of the will of the applicant.
This rule does not apply to cases of private prosecution, which, as a general rule, can be initiated only at the request of the victim Does not comply with the provisions of Parts 1 and 2 of Art. 318 of the Code of Criminal Procedure of the Russian Federation Grigoriev V.N. asserts that cases of private prosecution “are initiated only at the request of the victim”. See: Grigoriev V.N. Decree. slave. S. 314. or his legal representative, and in the event of the death of the victim - at the request of a close relative of the victim (parts 1 and 2 of article 318 of the Criminal Procedure Code of the Russian Federation), as well as in cases of private-public prosecution, which, if the crime was committed in against a person who is capable of independently exercising his rights, are initiated only at the request of the victim.
Cases of private-public prosecution are initiated at the request of the victim. There is no direct indication in the Code of Criminal Procedure of the Russian Federation that this category of cases can be initiated at the request of a legal representative, and even more so a close relative of the victim. Meanwhile, at a minimum, the legal representatives of the victim must have this right, based on the provisions enshrined in Part 3 of Art. 45 of the Code of Criminal Procedure of the Russian Federation, according to which the legal representatives of the victim have the same procedural rights as the person they represent About the presence of the legal representative of the same rights as the victim, some proceduralists often forget and therefore, among the persons from whom an application can be accepted on a crime in the case of private-public prosecution, only the victims are attributed. See: Maslennikova L.N. Decree. slave. S. 298 - 299. and also by analogy with part 1 of Art. 318 Code of Criminal Procedure of the Russian Federation. It seems that it would be consistent to grant this right to the close relatives of the victim in the event of the latter's death. Further, under the victim in cases of private prosecution is meant his legal representative, and in the event of the death of the victim, his close relative.
Only in connection with the receipt by the competent authority of the application (complaint) of the victim In this case, the term "victim" is not used in the meaning that is used in Art. 42 of the Code of Criminal Procedure of the Russian Federation, that is, not as a person in respect of whom an appropriate decision was made to recognize him as such, but as a person who suffered a certain kind of harm. Such a subject of criminal proceedings can be called a victim. a criminal trial may begin on such facts, and then a criminal case is initiated. Moreover, in the statement of the victims about the crimes, an exhaustive list of which is given in Art. 20 of the Code of Criminal Procedure of the Russian Federation, a request must be made to bring the perpetrator to criminal responsibility. Other authors share a similar opinion. See: Bezlepkin B.T., Borodin S.V. Chapter 19 I.L. Petrukhin. - M.: LLC "TK Velby", 2002. - S. 209; Bezlepkin B.T. Commentary on the Code of Criminal Procedure of the Russian Federation (article by article). pp. 177 - 178. The victim may ask to bring the person to "legal responsibility", and even the presence of this phrase in the complaint is not enough to start a criminal trial.
Enshrined in Art. 147 of the Code of Criminal Procedure of the Russian Federation, the procedure for initiating private-public prosecution by a prosecutor, investigator (body of inquiry, etc.), with the consent of the prosecutor, is in many ways similar to the procedure for initiating criminal cases of public prosecution. Bagautdinov F. Initiation of a criminal case under the Code of Criminal Procedure of the Russian Federation // Legality. - 2002. - No. 7. - P. 42. As well as in the case of initiating criminal cases of public prosecution:
1) in order to initiate a criminal case, it is necessary to have the provisions of Art. 140 Code of Criminal Procedure of the Russian Federation reasons and grounds;
2) only a prosecutor can initiate a criminal case without obtaining someone's consent;
3) the rest of the officials authorized to make the procedural decision under consideration send their decision to the prosecutor in order to obtain consent to initiate a criminal case;
4) obligatory observance of the stipulated parts 2 and 3 of Art. 146 of the Code of Criminal Procedure of the Russian Federation and appendices No. 7 and 8 to the Code of Criminal Procedure of the Russian Federation of the procedural form of the decision to initiate a criminal case;
5) before obtaining the consent of the prosecutor, it is possible to carry out an examination and appoint a forensic examination;
6) the prosecutor has the right to return for additional verification the materials sent to him with the decision to initiate a criminal case. Additional verification can last no more than 5 days.
The preliminary investigation, which begins after the initiation of a criminal case, in cases of private-public prosecution can be carried out in the same way as in cases of public prosecution. This is one of the circumstances, in connection with the presence of which, in Part 1 of Article 147 of the Code of Criminal Procedure of the Russian Federation, it is stated that the proceedings in such criminal cases of private-public prosecution are conducted in the general manner.
The only difference between the procedures related to the adoption and execution of a decision to initiate a criminal case of public and private-public prosecution is that cases of private-public prosecution are initiated only at the request of the “victim” (the legal representative of the “victim”, and in the case of death of the "victim" - at the request of his close relative). The absence of a statement from the “victim” in this kind of criminal cases (with the exception of cases provided for by Part 4 of Article 20 of the Criminal Procedure Code of the Russian Federation) - provided for in paragraph 5 of Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation grounds for refusal to initiate a criminal case. Golovko L.V. Alternatives to criminal prosecution in modern law. - St. Petersburg, 2002. - S. 458.
Without a complaint (statement) of the “victim”, the prosecutor, as well as the investigator (body of inquiry, etc.), with the consent of the prosecutor, has the right to initiate a criminal case of private-public prosecution only if the crime that they became aware of was committed against a person who cannot protect their rights and legitimate interests (is in a dependent, helpless state or for other reasons is not able to independently exercise their rights). Otherwise, the decision to initiate a criminal case of a private-public prosecution may be recognized as unfounded and, as a result, the sentence pronounced in the case is cancelled. By analogy with the abolition of the decision to initiate a criminal case of private prosecution. See: Review of the cassation practice of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for 1999 // Bulletin of the Supreme Court of the Russian Federation. - 2000. - No. 9.
Crimes, cases about which are called cases of private-public prosecution, are listed in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation. These are crimes under Part 1 of Art. 131 (rape, that is, sexual intercourse with the use of violence or with the threat of its use against the victim or other persons, or using the helpless state of the victim), part 1 of Art. 136 (violation of the equality of human and civil rights and freedoms depending on gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, which caused harm to the rights and legitimate interests of citizens) , part 1, art. 137 (illegal collection or dissemination of information about privacy persons constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly demonstrated work or means mass media if these acts were committed out of selfish or other personal interest and caused harm to the rights and legitimate interests of citizens), Part 1 of Art. 138 (violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other messages of citizens), part 1 of Art. 139 (illegal entry into a dwelling committed against the will of the person living in it), art. 145 (unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three, for these reasons), Part 1 of Art. 146 (illegal use of objects of copyright or related rights, as well as the appropriation of authorship if these acts caused major damage) and Part 1 of Art. 147 (illegal use of an invention, utility model or industrial design, disclosure without the consent of the author or applicant of the essence of the invention, utility model or industrial design before the official publication of information about them, attribution of authorship or coercion to co-authorship, if these acts caused major damage) of the Criminal Code of the Russian Federation.
In order to correctly understand the meaning of the expression used in Parts 1 and 2 of Article 147 of the Code of Criminal Procedure of the Russian Federation, the expression “are initiated only at the request of the victim”, one should understand the content of such terms as “initiation of a criminal case”, “statement” and “victim ".
The initiation of a criminal case is a procedural decision, a mental activity, as a result of which the competent authority comes to an internal conviction that there is a reason and grounds for initiating a criminal case. When it comes to initiating a criminal case of private-public prosecution and it is not initiated against a person who cannot defend his rights and legitimate interests, the reason for its initiation can only be a statement of a person who has suffered from the commission of this crime. Criminal process in Russia: Textbook / A.S. Alexandrov, N.N. Kovtun, M.P. Polyakov, S.P. Serebrov; Scientific ed. V.T. Tomin. - M.: Yurayt-Izdat, 2003. - S. 132. The range of grounds for initiating criminal cases of private-public prosecution is limited to those offenses referred to in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation. Criminally procedurally significant signs of the objective side of one (several) of these elements of crimes can be recognized as the basis for initiating a criminal case.
The initiation of a criminal case is a mental activity, but its results cannot play any role in criminal procedure if they are not properly formalized by issuing a special resolution.
The “statement of the victim”, which is referred to in parts 1 and 2 of article 147 of the Criminal Procedure Code of the Russian Federation, is a kind of reason for initiating a criminal case, the form of which is enshrined in paragraph 1 of part 1 of Art. 140 and Art. 141 Code of Criminal Procedure of the Russian Federation. This is the statement of the “victim” about the crime. And not about any crime, but only about one (several) crime, which is mentioned in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation.
As a reason for initiating a criminal case, the statement of the "victim" can be characterized as follows. The statement of the “victim” is the first source of awareness of the body of inquiry, the inquirer, the investigator, the head or member of the investigation team, the head of the investigation department or the prosecutor about the impending, ongoing or committed act (consequences of such) that contains procedurally significant signs of the objective side named in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation corpus delicti.
The considered reason for the beginning of the criminal process arises after the receipt by the competent authority of not any application, but only one in which the victim asks to bring the person to criminal liability. The fact that the statement in cases of private-public prosecution should indicate the request of the victim to initiate a criminal case (see: Khaliulin A.G. Chapter 20. The procedure for initiating a criminal case // Commentary on the Code of Criminal Procedure of the Russian Federation as amended by the Federal of May 29, 2002 / Under the general and scientific editorship of A.Ya. Sukharev. - M .: NORMA-INFRA-M, 2002. - P. 251 - 252) or a request to "bring the perpetrators to criminal responsibility" ( see: Kalinovsky K. B. Chapter 20. The procedure for initiating a criminal case // Commentary on the Code of Criminal Procedure of the Russian Federation / Under the editorship of A. V. Smirnov. - St. Petersburg: Peter, 2003. - P. 388), they say and other scientists. Even the phrase “please bring to legal responsibility” or “administrative responsibility” See: Kalinovsky K.B. Chapter 20 A.V. Smirnova. - St. Petersburg: Peter, 2003. - S. 388. should not be considered as a statement referred to in article 147 of the Code of Criminal Procedure of the Russian Federation.
The statement may be about the crime of public accusation, but by the time a criminal case is initiated, it becomes clear that there was rape without aggravating circumstances, a violation of the equality of rights and freedoms of a person and a citizen without aggravating circumstances, etc. In this situation, despite the fact that the statement was originally about another crime, in order to make a decision to initiate a criminal case, it is necessary to have a properly executed statement of the victim. Accordingly, such a statement should reflect the requirement of the victim to bring the offender to criminal liability.
The “statement of the victim”, referred to in Article 147 of the Code of Criminal Procedure of the Russian Federation, can only be a message received by the body authorized to initiate a criminal case. Such can be any institution (official) that has the right to make a decision to initiate a criminal case (the body of internal affairs as a body of inquiry, body of preliminary investigation, prosecutor, etc.). See: Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of December 22, 1994 // Bulletin of the Supreme Court of the Russian Federation. - 1995. - No. 7.
Article 147 of the Code of Criminal Procedure of the Russian Federation names only one entity that has the authority to initiate criminal cases of private-public prosecution - the prosecutor. In reviews of judicial practice, attention is drawn to the need to initiate such kind of criminal cases only by an authorized official. See: Review of the cassation practice of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for 1999 // Bulletin of the Supreme Court of the Russian Federation. - 2000. - № 9. Well-known scientists also pay attention to this circumstance. See: Moskalkova T.N. Chapter 20 ed. V.M. Lebedev; Scientific ed. V.P. Bozhev. - M.: Spark, 2002. - S. 302. Therefore, it is very important to determine the exhaustive range of officials and bodies that have the right to decide on initiating a criminal case of private prosecution.
Edition part 2 of Art. 147 of the Criminal Procedure Code of the Russian Federation leads some proceduralists to duplicate its content in their comments. Accordingly, such comments by the law enforcer can be perceived as a statement that if the victim, due to a helpless state or for other reasons, cannot defend his rights and legitimate interests, only the prosecutor can initiate a criminal case of private-public prosecution. See: Golubev V.V. Chapter 20 IN AND. Radchenko. - M.: CJSC "Legal House" Yustitsinform", 2003. - S. 330 - 331; Khaliulin A.G. Chapter 20 and scientific ed. AND I. Sukharev. - M.: NORMA-INFRA-M, 2002. - S. 252; Korotkov A.P. Chapter 20 ed. D.N. Kozak, E.B. Mizulina. - M.: Lawyer, 2002. - S. 307.
However, based on the content of Art. 20 of the Code of Criminal Procedure of the Russian Federation, in addition to the prosecutor, the investigator and the interrogating officer should also be recognized as such. They must obtain the consent of the prosecutor to initiate criminal proceedings. In this regard, I have to speak out against the assertion of Bezlepkin B.T. that "the investigator or interrogator has the right to initiate any criminal case of private-public prosecution." See: Bezlepkin B.T. Commentary on the Code of Criminal Procedure of the Russian Federation (article by article). - M .: OOO "VITREM", 2002. - P. 33. If the prosecutor does not agree to this, the decision issued by the investigator or interrogating officer will lose its legal force.
The prosecutor is empowered to issue a decision to initiate a criminal case without requiring anyone's permission to do so.
Edition part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, as well as Part 2 of Article 147 of the Code of Criminal Procedure of the Russian Federation, lead to the fact that most authors in their comments on this article limit the circle of subjects authorized to initiate a criminal case of private-public prosecution to only the indicated officials and bodies See: Shevchuk A.N. Chapter 20. The procedure for initiating a criminal case // Commentary on the Criminal Procedure Code of the Russian Federation. New edition. - M.: IKF "EKMOS", 2002. - S. 274; Shevchuk A.N. Chapter 20. The procedure for initiating a criminal case // Commentary on the Criminal Procedure Code of the Russian Federation. Article by article / Ed. ON THE. Petukhova, G.I. Zagorsky. - M.: IKF "EKMOS", 2002. - S. 274; Commentary on the Code of Criminal Procedure of the Russian Federation / Ed. ed. V.V. Mozyakov. - M.: Publishing house "Exam XXI", 2002. - S. 339; Moskalkova T.N. Chapter 20 ed. V.M. Lebedev; Scientific ed. V.P. Bozhev. - M.: Spark, 2002. - S. 301. or they do not mention at all the participants in the adoption of the procedural decision in question. See, for example: Kalinovsky K.B. Chapter 20 A.V. Smirnova. - St. Petersburg: Peter, 2003. - S. 388; Bezlepkin B.T. Commentary on the Code of Criminal Procedure of the Russian Federation (item-by-article) - M .: LLC "VITREM", 2002. - P. 183; Bezlepkin B.T. Chapter 20 I.L. Petrukhin. - M.: LLC "TK Velby", 2002. - S. 213.
Meanwhile, in the absence of a complaint from the victim, if the latter, for example, due to illness, was in a helpless state, any official who is entrusted with the performance of the duties of a prosecutor, and with the consent of the prosecutor, any person who is entrusted with performance of the duties of an investigator or interrogating officer. See: Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of February 5, 1997 // Bulletin of the Supreme Court of the Russian Federation. - 1997. - No. 8.
Not only these officials are vested with the right to initiate criminal cases. Literal interpretation of paragraph 19 of Art. 5, part 1, art. 144, paragraph 1, part 1, art. 145, part 4 of Art. 146, paragraph 3 of Art. 149 of the Criminal Procedure Code of the Russian Federation directly indicates that the bodies of inquiry are also entitled (obliged) to initiate criminal cases.
Article 147 of the Criminal Procedure Code of the Russian Federation refers to the “victim”. However, this concept is not used in the sense that is used in Art. 42 Code of Criminal Procedure of the Russian Federation. Scientists point out that the term “victim” used in Article 147 of the Code of Criminal Procedure of the Russian Federation is “inaccurate”. See: Kalinovsky K.B. Chapter 20 A.V. Smirnova. - St. Petersburg: Peter, 2003. - S. 388. According to Art. 42 of the Code of Criminal Procedure of the Russian Federation, devoted to the concept and legal status of the victim, in the criminal process a decision is made to recognize an individual or legal entity as a victim, which is drawn up by a special resolution. The form of the decision on recognition as victims is fixed in Appendix No. 23 to the Code of Criminal Procedure of the Russian Federation. In the introductory part of this document, the number of the criminal case must be indicated, having considered the materials of which, the "investigator (interrogating officer)" makes the decision in question. Accordingly, the content of the form of this document indicates that a person can be recognized as a victim only after a criminal case has been initiated.
Prior to the initiation of a criminal case, or otherwise, at the time of deciding the issue of initiating a criminal case of private-public prosecution, there is no person in the criminal process legally recognized as a victim, which means, from the point of view of the criminal process, there is no victim. Indeed, at the stage of initiating a criminal case and even before the start of a criminal process, it is possible to find an individual who has suffered physical, property, moral harm by a crime, as well as a legal entity whose property and business reputation have been harmed by a crime. But until one of those is recognized by a special resolution as a victim, he will not be such from the standpoint of the criminal procedure law. Prior to being recognized as a victim, such a person is recommended to be called a victim. It was he who was granted the right to apply for the commission of one (several) of the crimes listed in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation. Accordingly, in Article 147 of the Code of Criminal Procedure of the Russian Federation, it would be more correct and consistent to speak not about the statement of the victim, but about the statement of the victim.
The criminal procedure law enshrines the main ideas that characterize the institution of representation and succession of a natural person who has suffered physical, property, moral harm by a crime, as well as a legal entity whose property and business reputation has been harmed by a crime. Criminal procedure: Textbook for universities / Ed. ed. A. V. Grinenko. - M.: Norma, 2004. - P. 140. According to these, legal representatives and representatives of the victim have the same procedural rights as the persons they represent (part 3 of article 45 of the Code of Criminal Procedure of the Russian Federation). Moreover, in criminal cases of crimes, the consequence of which was the death of a person, the rights of the victim, provided for in Art. 42 of the Code of Criminal Procedure of the Russian Federation, are transferred to one of his close relatives (part 8 of article 42 of the Code of Criminal Procedure of the Russian Federation).
In these norms, as well as in Article 147 of the Criminal Procedure Code of the Russian Federation, we are talking about the victim. Meanwhile, as we found out, in Article 147 of the Code of Criminal Procedure of the Russian Federation, the legislator understands the victim as a slightly different subject of the criminal process. Despite the significant difference in the procedural status of these subjects, it seems possible to use, by analogy, the provisions of Part 3 of Art. 45 of the Code of Criminal Procedure of the Russian Federation and in relation to the victim, giving the legal representative and the representative of the victim the right to apply to the competent authority with a statement about the commission of a crime in cases of private-public prosecution.
In part 8 of Art. 42 of the Code of Criminal Procedure of the Russian Federation refers to crimes, the consequence of which was the death of a person. The consequence of the crime listed in Part 3 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, there can be no death of a person. Just as there can be no such consequences for crimes in cases of private prosecution. That is why Art. 318 of the Code of Criminal Procedure of the Russian Federation provisions of Part 8 of Art. 42 of the Criminal Procedure Code of the Russian Federation are interpreted somewhat differently. This is not about crimes, the consequence of which was the death of a person, but simply about the death of the victim. It seems that this idea should be consistently extended to the moment of initiating a criminal case against private-public (and not just private) charges. In this case, with a statement about the crime specified in Part 3 of Art. 20 of the Criminal Procedure Code of the Russian Federation, a close relative of the deceased victim (regardless of the causes of his death) could apply to the body of inquiry, the investigator, the head or member of the investigation team, the head of the investigation department or the prosecutor. Yurin V. Statement on economic crime does not require approval // Russian Justice. - 2001. - No. 7. - S. 50.
So far, these ideas have not found their direct reflection in the law. Therefore, the judgments presented here are mostly theoretical in nature. Meanwhile, they can be used in the practical activities of the bodies of preliminary investigation. They should be taken into account when deciding on the initiation of criminal cases of private-public prosecution in the manner of Part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, when the crime is committed against a person who is in a dependent state or for other reasons unable to independently exercise his rights.
Part 2 of Article 147 of the Criminal Procedure Code of the Russian Federation refers to the helpless state of the victim as one of the conditions for initiating a criminal case of private-public prosecution. The helplessness of the state of the victim should not be at the time the crime was committed against him, but at the moment when the prosecutor, investigator, interrogator (inquiry body, etc.) became aware of the commission of the crime against the victim, listed in Part 3 of Art. 20 Code of Criminal Procedure of the Russian Federation.
The institute of finding a person in a helpless state was analyzed in relation to some elements of crimes. Analysis of these clarifications of the Supreme Court of the Russian Federation allows us to isolate the criteria for a helpless state as a category of criminal procedure.
So, the victim should be recognized as being in a helpless state when he is not capable due to a physical or mental condition (state of health, disability See: Review of the judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 1999 // Bulletin of the Supreme Court of the Russian Federation. - 1999. - No. 7.), as well as old or young age to protect themselves, commit active actions to protect their rights and legitimate interests. See: Review of the supervisory practice of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for 2001 // Bulletin of the Supreme Court of the Russian Federation. - 2002. - No. 10.
The Supreme Court of the Russian Federation includes, in particular, seriously ill and elderly, young children, people suffering from mental disorders that deprive them of the ability to correctly perceive what is happening to persons in a helpless state. See: Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the second quarter of 2002 // Bulletin of the Supreme Court of the Russian Federation. 2002. No. 12; Review of the cassation practice of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for 2001 // Bulletin of the Supreme Court of the Russian Federation. - 2002. - No. 9.
In practice, the presence of a person in a helpless state is sometimes recognized due to the disability of the victim. See: Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation of September 5, 2001 // Bulletin of the Supreme Court of the Russian Federation. - 2003. - No. 1.
Korotkov A.P. believes that the state of the victim can be recognized as helpless due to his dumbness, deafness, blindness, as well as the presence of somatic diseases, accompanied by acute painful symptoms or being chronic. He also draws attention to the fact that the dependence of the victim can be "not only official, but also material or otherwise." See: Korotkov A.P. Chapter 20 ed. D.N. Kozak, E.B. Mizulina. - M.: Lawyer, 2002. - S. 307.
Other examples of the “helpless state” are given in the literature, which allow us to formulate its criminal procedural counterparts. An example of a helpless state can be recognized as a situation where the copyright holder does not have a representative in Russia, his work is not subject to legal circulation in Russia, but the copyright of the owner is grossly violated everywhere. By analogy with the idea of Galuzin A. See: Galuzin A. Criminal law protection of copyright and related rights // Legality. - 2001. - № 5. Objects of copyright are illegally used, as well as authorship is appropriated, and these acts caused him great damage.
Whatever circumstances are perceived by the official authorized to initiate a criminal case of private-public prosecution as evidence that the victim is in a dependent, helpless state or that for other reasons he is not able to independently exercise his rights, such should be indicated in descriptive and motivating part of the decision to initiate a criminal case. This requirement is shared by others. See: Commentary on the Code of Criminal Procedure of the Russian Federation / Ed. ed. V.V. Mozyakov. - M.: Publishing house "Exam XXI", 2002. - S. 339.
There is no such requirement for drawing up a resolution on the initiation of a criminal case of public prosecution. For this reason alone, the statement of Kalinovsky K.B. that in the situation under consideration, a criminal case of private-public prosecution “is initiated in accordance with Art. 146 Code of Criminal Procedure”, See: Kalinovsky K.B. Chapter 20 A.V. Smirnova. - St. Petersburg: Peter, 2003. - S. 388. cannot be considered flawless.
Criminal cases of private-public prosecution differ from cases of public prosecution in that under normal conditions they are initiated only on the basis of a complaint (statement) of the victim. And what distinguishes them from cases of private prosecution is that, according to Part 3 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, they cannot be terminated in connection with the reconciliation of the parties, with the exception of the grounds for reconciliation, which are enshrined in Art. 25 Code of Criminal Procedure of the Russian Federation.
In the literature, the opinion was expressed that enshrined in Part 3 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, the provisions are contrary to Art. Art. 25, 28 Code of Criminal Procedure of the Russian Federation, as well as Art. Art. 75, 76 of the Criminal Code of the Russian Federation. See: Gulyaev A.P. Chapter 3 Criminal prosecution// Commentary on the Code of Criminal Procedure of the Russian Federation / Ed. ed. V.V. Mozyakov. - M .: Publishing house "Exam XXI", 2002. - S. 62 - 63. It seems to us that the various grounds for terminating a criminal case provided for in the law do not contradict each other, just as the ban on terminating a criminal case in connection with the presence of some specific circumstances (in our case, those referred to in part 3 of article 20 of the Criminal Procedure Code of the Russian Federation) and the simultaneous presence of others that allow the criminal case to be terminated according to others provided for by another article (in this situation, articles 25 and 28 Code of Criminal Procedure) grounds.
So, the cases of private-public prosecution have their own characteristics regarding the beginning and end of the criminal process carried out on them. These features leave a certain imprint on the legal status of the victim. Therefore, it is advisable to explain them to the person who applied with an oral statement about the commission of this kind of crime.
The obligation to explain to the applicant the specifics of proceedings in cases of private-public prosecution is not expressly enshrined in the law. It follows from the provisions of Part 1 of Art. 11 of the Code of Criminal Procedure of the Russian Federation, according to which the prosecutor, investigator and interrogator must explain to the victim his rights, duties, responsibilities and ensure the possibility of exercising these rights. The implementation of these actions is also recommended by some authors. See: Khaliulin A.G. Chapter 20 and scientific ed. AND I. Sukharev. - M.: NORMA-INFRA-M, 2002. - S. 251; See: Kalinovsky K.B. Chapter 20 A.V. Smirnova. - St. Petersburg: Peter, 2003. - S. 388.
