On additional guarantees for the protection of the rights and legitimate interests of minor victims in domestic criminal proceedings
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 4
, 2025
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Voronezh Institute of the Ministry of Internal Affairs of Russia
(criminal proceedings, Senior lecturer)
employee from 01.01.2019 until now
Russian Federation
employee from 01.01.2019 until now
Russian Federation
Type:
Article
Pages:
from 73
to 78
Status:
Published
Received:
14.05.2025
Accepted:
11.10.2025
Published:
22.12.2025
Language:
Russian
Keywords:
Legal representative, minor victim, witness immunity, abbreviated inquiry, special trial procedure, reconciliation of the parties, person requested for extradition, defense counsel.
Abstract (English):
Introduction. The article presents the results of a study of the problem of strengthening procedural guarantees for the protection of the rights and legitimate interests of minor victims in domestic criminal proceedings. The need for a prompt solution to this problem is due not only to the growing number of crimes involving minors, but also to the existence of gaps in the system of criminal procedural guarantees that accompany the activities of the legal representative of a minor victim in upholding the rights of the person represented. Methods. The study utilized the general dialectical method, general scientific and specific scientific methods (analysis and synthesis, systemic-structural, formal-legal). Results. Proposals are formulated aimed at expanding the guarantees for the protection of the rights and legitimate interests of minor victims. They are directly related to the improvement of the procedural status of the legal representative of such participants in criminal proceedings. It seems appropriate to expand the range of rights of the legal representative of a minor victim. It is recommended to strengthen the procedural status of the legal representative of a minor victim by granting them the right to consent to a transition to an abbreviated form of inquiry, a special trial procedure, and reconciliation of the parties in private prosecution cases. To ensure the effectiveness of the legal representative of a minor suspect, accused, or person requested for extradition for criminal prosecution or execution of a sentence, it is proposed to extend the witness immunity rules stipulated in Part 3 of Article 56 of the Russian Criminal Procedure Code to this legal representative.
Introduction. The article presents the results of a study of the problem of strengthening procedural guarantees for the protection of the rights and legitimate interests of minor victims in domestic criminal proceedings. The need for a prompt solution to this problem is due not only to the growing number of crimes involving minors, but also to the existence of gaps in the system of criminal procedural guarantees that accompany the activities of the legal representative of a minor victim in upholding the rights of the person represented. Methods. The study utilized the general dialectical method, general scientific and specific scientific methods (analysis and synthesis, systemic-structural, formal-legal). Results. Proposals are formulated aimed at expanding the guarantees for the protection of the rights and legitimate interests of minor victims. They are directly related to the improvement of the procedural status of the legal representative of such participants in criminal proceedings. It seems appropriate to expand the range of rights of the legal representative of a minor victim. It is recommended to strengthen the procedural status of the legal representative of a minor victim by granting them the right to consent to a transition to an abbreviated form of inquiry, a special trial procedure, and reconciliation of the parties in private prosecution cases. To ensure the effectiveness of the legal representative of a minor suspect, accused, or person requested for extradition for criminal prosecution or execution of a sentence, it is proposed to extend the witness immunity rules stipulated in Part 3 of Article 56 of the Russian Criminal Procedure Code to this legal representative.
Keywords:
Legal representative, minor victim, witness immunity, abbreviated inquiry, special trial procedure, reconciliation of the parties, person requested for extradition, defense counsel.
Legal representative, minor victim, witness immunity, abbreviated inquiry, special trial procedure, reconciliation of the parties, person requested for extradition, defense counsel.
