Journal of Siberian Federal University. Humanities & Social Sciences / Constitutional Obligation of a State to Compensate for Damage Sustained by Victims of Crimes

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2018 11 (6)
Authors
Panchenko, Vladislav Yu.; Mikhaleva, Anastasia E.
Contact information
Panchenko, Vladislav Yu.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; ; Mikhaleva, Anastasia E.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords
constitutional rights and freedoms; legal guarantees; positive obligations; compensation for damage sustained by victims of crimes
Abstract

The paper deals with Article 52 of the Russian Constitution, which obliges the state to provide a compensation for damage sustained by victims of crimes. On the one hand, many lawyers believe that nowadays positive obligations of the state under this Article are limited to creation of necessary legislative and enforcing mechanisms, which ensure asset tracing, attachment of property and other conditions to guarantee compensation for a damage caused by a guilty person. On the other hand, in the authors` view, Article 52 of the Constitution of the Russian Federation has its own implication, raising a question of possible ways to restore justice in cases where the state is not an offender itself, but no one else would compensate a victim. This position takes into account the best international practices and pressing social need of a democratic society. However, consecutive application of different interpretation techniques allows to conclude that this norm sets out an illusory right, since the legislation in force contains no mechanisms for its observance. Such situation undermines the significance of the Constitution as a fundamental act having the supreme juridical force. As a result, three possible alternatives can be suggested as a way out: to amend the text of the Constitution of the Russian Federation by exclusion of the ambiguous provision; to rely on direct action of the Constitution of the Russian Federation in law enforcement; to adopt the law specifying the procedure by which compensation shall be paid to victims of crimes for sustained damage. Thus, the issue of Article 52 implementation requires immediate legal solution on the highest political level

Pages
960-967
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/71663

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