CIVIL SUIT IN THE CONTEXT OF THE ASSIGNMENT OF STREAMLINED LITIGATION PROCEEDINGS

Abstract

He article deals with issues of civil suit under streamlined litigation proceedings, that is a special procedure of taking judicial decisions when the accused agrees with an accusation presented and when coming to a pretrial immunity agreement. It is noted that modern legal regulation, proceeding from the appointment of a criminal proceeding, obliges the courts to resolve the civil claim brought in the case when deciding a guilty verdict. Often, the claims of the victims are formed not only from the amount of damage specified in the criminal law story, but also compensation for moral harm, recovery of other legitimate monetary costs. In such situations, courts often erroneously refer to the issue of the amount of compensation for a civil procedure. This practice complicates the realization of the constitutional right of the victim to timely compensation for damage and reduces the significance of the sentence as an act of justice. It is proposed to work out a unified approach to the resolution of civil suits in expedited judicial procedures: the consent of the accused with the charge is also an agreement with the civil suit. Accordingly, the court, when deciding a conviction, must decide on the full (partial) satisfaction of the claim, the termination of proceedings on the suit or the refusal to satisfy the claim. And only in exceptional cases the court is entitled to apply the provisions of Part 2 of Art. 309 of the Code of Criminal Procedure. The appearance of a dispute in a suit entails the termination of a special procedure for the trial and the appointment of a case in accordance with the general procedure.