ACCESS OF WOMEN APPLICANTS AND VICTIMS OF A CRIMINAL OFFENSE TO JUSTICE AS A CONDITION OF COMPENSATION FOR DAMAGE CAUSED BY A CRIMINAL OFFENSE

Authors

  • Denis Alexandrovich Fink

DOI:

https://doi.org/10.52026/1994-408X_2020_63_5_142

Keywords:

physical and psychological violence, access to justice, confession to the victim, victim of a criminal offence, explanation, urgent investigative actions, testimony of a civil plaintiff

Abstract

The timeliness of access to justice for victims of domestic violence is now of particular relevance.

The article notes that due to the small number of procedural rights of the applicant or the person actually injured by the crime when verifying the report of the crime, the legitimate interests of these participants by the criminal prosecution authorities are limited. In this regard, the author proposes to introduce into the criminal proceedings a new participant - the "victim of the crime" and give him a set of procedural rights, obligations and regulate in the law the grounds sufficient to apply security measures to persons participating in the pre-trial investigation and their close relatives and members of their families.

The author lists the grounds that are sufficient for the body in charge of the criminal process to decide on the State protection and security measures for women victims of or eyewitnesses to prevent or suppress its reuse, if the delay in the protective measures can cause serious consequences for them.

The article also proposes to give such a different measure of criminal procedure as the prohibition of closer legislative application by expanding its scope and content.

The study led to the use of provisions of general scientific, private methods, systemic approaches, statistical analysis, analysis of law enforcement. On the basis of the study, recommendations have been drawn up with a view to ensuring that victims of domestic violence have adequate access to justice and compensation for harm suffered, and the conditions for its effective application in the Republic of Kazakhstan have been examined.

 

Published

30.12.2020

How to Cite

Fink . . Д. А. (2020). ACCESS OF WOMEN APPLICANTS AND VICTIMS OF A CRIMINAL OFFENSE TO JUSTICE AS A CONDITION OF COMPENSATION FOR DAMAGE CAUSED BY A CRIMINAL OFFENSE. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 5(63). https://doi.org/10.52026/1994-408X_2020_63_5_142