Features of a civil claim in criminal proceedings for compensation for non-pecuniary damage,  caused by a criminal violation of personal non-property rights

Текст статьи на русском языке

https://doi.org/10.31429/20785836-12-4-56-63

Potapenko S.V.
Doctor of Law, Professor
Dean of the Faculty of Law. A.A. Khmyrova
Kuban State University
https://orcid.org/0000-0003-3013-5072

Annotation: The article is of an interdisciplinary nature, written at the intersection of criminal procedure and civil law, the norms of which regulate a complex protective legal relationship that arises when a civil claim is filed in criminal proceedings for compensation for moral damage caused by a criminal violation of personal non-property rights.
It is argued that, in a subjective sense, a civil claim in criminal proceedings is the right of an authorized person – a civil plaintiff – to demand from the causer of harm (the defendant-a civil defendant) arising as a result of an obligation to cause harm by a crime) satisfaction of a civil (tort) claim in criminal proceedings by way of compensation for property damage and compensation for moral damage.
Attention is drawn to the fact that compensation for non-pecuniary damage in criminal proceedings is possible only in cases where such damage is caused by a crime that violated the personal non-property rights of citizens whose objects are non-material goods. At the same time, the victim of a crime gets rid of the need to participate in a parallel civil process with the same subject of the claim, but with the assignment of the obligation to prove the claimed claims.

Keywords: civil claim in criminal proceedings, personal non-property rights, non-material benefits, compensation for moral damage, combined process, complex protective legal relationship.