Tort claims: contentious aspects of court proceedings
Lawyer of the Criminal Law and Procedure Practice, Karina Tamaeva, commented on the draft of the Supreme Court clarifications on the civil claim in criminal proceedings for the Lawyers Newspaper.
30 June 2020. The Plenum of the Supreme Court of the Russian Federation discussed the draft resolution "On the practice of consideration by the courts of a civil claim in a criminal case", which summarized the positions of the courts on the main controversial issues of the application of this institution.
In Karina's opinion, the draft is notable for the following. First, it is the first attempt since 1979 to unify the positions of the courts with respect to the institution of a civil lawsuit in a criminal case, designed to bring the practice to a single denominator and direct it in the direction of protecting the rights of victims of crime. Secondly, the generalization proposed by the Supreme Court of the Russian Federation is a fusion of the positions of courts from the spheres of private and public law.
The full version of the publication can be found on the website of the Lawyers Newspaper.