Ибрагимов И.М. История развития идеи защиты нарушенных прав потерпевшего от преступления

Аннотация: The article states that the aspect of safety and protection of personal dignity and rights a crime victim always existed in all religious, moral and legal systems. The author analyzes provisions of ancient law monuments including laws of tsar Hammurapi and the Russian Truth. It is underlined that the history of criminal proceedings in the extend of the prosecution build-up passes through three basic stages of evolution: the stage of domination of the private interest of the crime victim in criminal proceedings; the stage of absorption of the private interest of the crime victim by the state interest, narrowing the criminal trial down to impersonal will of the law bounding all participants of the criminal trial by seeking establishing the issue; and finally the stage of the constitutional guarantee of the rights and freedom of the parties of criminal trial (both of the victim and the accused), their statutable equality and competitiveness with preservation of superiority of concept of validity (justice) and the state origin of the criminal legal proceedings. Gradually, prosecution seized to be the act of private satisfaction of rights and legitimate interests of the victim turning into a law function of the state. At the start of such criminal proceedings evolution, the state by law established the procedure of the state protection of the violated rights and legitimate interests of victims. The author analyzes the situation that existed in Ancient Rome, in the German and British tribes in the Middle Ages, in ancient Athens. Further the author analyses the criminal trial in medieval England, Germany, France and Italy. The author underlines the that comparative analysis of the history of development of various models of promotion and support of the state and private prosecution which basic purpose is also to protect the dignity, safety and rights of victims revealed the tendency of dual development of criminal and punitive legislation of different states. On the one hand, criminal and punitive legislation of different countries has propensity to essential expansion of the range of private prosecution cases, increase remedial and legal status and role of the victim in criminal prosecution of criminals. On the other hand, more often it provides additional remedy not only for the state protection of the rights of victims but also for creation of non-governmental funds and organizations for the necessary moral and psychological, legal, material and organizational-technical assistance to the victims.

Abstract: The article states that the aspect of safety and protection of personal dignity and rights a crime victim always existed in all religious, moral and legal systems. The author analyzes provisions of ancient law monuments including laws of tsar Hammurapi and the Russian Truth. It is underlined that the history of criminal proceedings in the extend of the prosecution build-up passes through three basic stages of evolution: the stage of domination of the private interest of the crime victim in criminal proceedings; the stage of absorption of the private interest of the crime victim by the state interest, narrowing the criminal trial down to impersonal will of the law bounding all participants of the criminal trial by seeking establishing the issue; and finally the stage of the constitutional guarantee of the rights and freedom of the parties of criminal trial (both of the victim and the accused), their statutable equality and competitiveness with preservation of superiority of concept of validity (justice) and the state origin of the criminal legal proceedings. Gradually, prosecution seized to be the act of private satisfaction of rights and legitimate interests of the victim turning into a law function of the state. At the start of such criminal proceedings evolution, the state by law established the procedure of the state protection of the violated rights and legitimate interests of victims. The author analyzes the situation that existed in Ancient Rome, in the German and British tribes in the Middle Ages, in ancient Athens. Further the author analyses the criminal trial in medieval England, Germany, France and Italy. The author underlines the that comparative analysis of the history of development of various models of promotion and support of the state and private prosecution which basic purpose is also to protect the dignity, safety and rights of victims revealed the tendency of dual development of criminal and punitive legislation of different states. On the one hand, criminal and punitive legislation of different countries has propensity to essential expansion of the range of private prosecution cases, increase remedial and legal status and role of the victim in criminal prosecution of criminals. On the other hand, more often it provides additional remedy not only for the state protection of the rights of victims but also for creation of non-governmental funds and organizations for the necessary moral and psychological, legal, material and organizational-technical assistance to the victims.