2025, Vol. 4, No. 2. - go to content...

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Fedotov I.S. Current issues of ensuring the rights of minor victims during the preliminary investigation. Journal of Social Policy, Population Preservation and Reproductivity. 2025; 4(2). Available at: https://spnjournal.ru/PDF/02SPN225.pdf (in Russian).

Current issues of ensuring the rights of minor victims during the preliminary investigation

Fedotov Igor Slavovich
Voronezh Regional Court, Voronezh, Russia
E-mail: Crimpro@mail.ru
RSCI: https://elibrary.ru/author_profile.asp?id=460609

Abstract. The article reveals some relevant provisions aimed at ensuring the rights of juvenile victims at the stage of preliminary investigation, in order to create appropriate conditions for their access to justice and provide necessary legal assistance to both minors themselves, victims of a crime committed against them, and their legal representatives. The conducted research allows us to assert that the timely and proper application of constitutional and criminal procedural guarantees for ensuring access to justice for a minor victim and his legal representative (representative-lawyer) is an important component in creating effective means and methods of conducting a preliminary investigation with their participation. If there are other difficult legal issues to resolve, given the demographic problems in our country, it is very important to focus on resolving issues of ensuring the rights of minor victims at the preliminary investigation stage. At the same time, it is important to understand that among minors there are minors whose special procedural situation is due to the fact that not only criminal liability measures, but also criminal procedural sanctions cannot be applied to them. The specifics of the performance of duties by minors are due to their lack of understanding of the required behavior, as a result of which, despite the assignment of duties to a minor, it loses its criminal procedural character or is limited (coercive measures are either impossible or outside the framework of the criminal process). In this context, the issues of applying procedural coercion measures to minor victims deserve attention.

Keywords: victim; minor victim; legal representative; preliminary investigation; rights and legitimate interests; investigator; witness; ensuring access to justice; protection of minors’ rights

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