CIVIL ACTION AS A MEANS FOR IMPLEMENTING A RESTORATIVE APPROACH IN CRIMINAL COURT PROCEEDINGS // Вестник БГУ. Юриспруденция. - 2020. №1. . - С. 60-71.

CIVIL ACTION AS A MEANS FOR IMPLEMENTING A RESTORATIVE APPROACH IN CRIMINAL COURT PROCEEDINGS

DOI: 10.18101/2658-4409-2020-1-60-71 UDK: 343.13

The article is devoted to actual problems of a civil lawsuit in criminal proceedings. Compensation for damage caused by the crime, along with the resolution of the crimi- nal case on the merits, is fraught with a number of difficulties. The article discusses the problematic issues of the legal nature of a civil lawsuit arising as a result of harm to a crime, whether a civil lawsuit belongs to criminal procedural law, the concepts of a lawsuit and the characteristic features of a lawsuit’s form of protection of law, prob- lems of the limitation period. The author substantiates the conclusion that it is neces- sary not only to maintain the institution of a civil lawsuit in criminal proceedings, but also to expand its grounds. One of their urgent is the problem of subsidiary application of the norms of other branches of law when considering a civil suit in a criminal case. The issue of the limits of application of other branches of law is discussed, taking into account the publicity of criminal proceedings and giving certain publicity and a civil lawsuit in a criminal case, which excludes the expansion of the possibilities for con- ducting conversations not provided for by the criminal procedure law.

restorative; justice; civil lawsuit in criminal proceedings; judicial pro- tection; compensation for damage caused by a crime; subject and basis of a civil law- suit in a criminal case.