Decision on recognizing a person as a victim example. Decision on recognizing an individual or a legal entity as a victim in a criminal case. Decision on recognition as a victim

Decision on recognition as a victim (sample filling)

Of the Central District Department of Internal Affairs of Ensk, Lieutenant of Justice Muravlev A.V., having examined the materials of the criminal case No. 122/234,

installed:
June 11, 201 * in the afternoon near house 43 on the street. Revolution in Ensk, two unknown men attacked gr. Sallo I.I., under threat of a knife, they took away her gold ring and chain with a total value of 7,600 rubles, after which they disappeared.
Based on the foregoing, and considering that Sallo Irina Ivanovna suffered property and moral damage, guided by Art. 42 5 of the Criminal Procedure Code of the Russian Federation,

decided:
recognize Sallo Irina Ivanovna as a victim in criminal case No. 122/234, and announce it against her receipt.

Investigator of the investigation department
Central District Department of Internal Affairs of Ensk

This decision was announced to me on June 26, 201 *, and at the same time, the rights of the victim, provided for in Part 2 of Art. 42 of the Criminal Procedure Code of the Russian Federation:
1) to know about the charge brought against the accused;
2) give evidence;
3) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is determined by paragraph 4 of Art. 5 6 of the Criminal Procedure Code of the Russian Federation. If I agree to testify, I am warned that my testimony can be used as evidence in a criminal case, including in the event of my subsequent refusal from this testimony;
4) present evidence;
5) submit petitions and challenges;
6) to testify in my native language or a language that I speak;
7) use the help of an interpreter free of charge;
8) have a representative;
9) to participate, with the permission of the investigator or the inquiry officer, in investigative actions carried out at my request or at the request of my representative;
10) get acquainted with the protocols of investigative actions carried out with my participation, and submit comments on them;
11) get acquainted with the decision on the appointment of a forensic examination and the expert's opinion in the cases provided for in Part 2 of Art. 198 7 of the Criminal Procedure Code of the Russian Federation;
12) at the end of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in a criminal case, I have the right to familiarize myself with those materials of the criminal case that relate to harm caused to me personally;
13) receive copies of decisions to initiate a criminal case, recognize me as a victim or refuse to do so, terminate a criminal case, suspend criminal proceedings, as well as a copy of the judgment of the court of first instance, decisions of the courts of appeal and cassation instances;
14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;
15) to speak in judicial pleadings;
16) support the accusation;
17) get acquainted with the protocol of the court session and submit comments on it;
18) lodge complaints about actions (inaction) and decisions of an inquiry officer, investigator, prosecutor and court;
19) to appeal against the sentence, ruling, court ruling;
20) to know about the complaints and representations brought in in the criminal case and to submit objections to them;
21) apply for the application of security measures in accordance with Part 3 of Art. 11 8 of the Criminal Procedure Code of the Russian Federation;
22) exercise other powers provided for by the Criminal Procedure Code of the Russian Federation.

The victim I.I. Sallo

The ruling announced and the rights explained

Investigator of the investigation department
Central District Department of Internal Affairs of Ensk
lieutenant of Justice A.V. Muravlev

The victim I.I. Sallo

6 For the commentary to this paragraph, see: Ryzhakov A.P. Commentary on the Criminal Procedure Code Russian Federation... - 7th ed. - S. 28 - 29.

Resolution on the application of a penalty to a convicted person

Appendix N 13 to the Internal Regulations

RESOLUTION
on the application of a penalty to the convicted person

Convicted person ___________________________________________________
(surname, name, patronymic, year of birth)

(the essence of the violation is stated)
__________________________________________________________________
__________________________________________________________________
Having considered the submitted materials on ___________________________
surname, initials
convict (oops)
and guided by Art. 115 of the Penal Code
Russian Federation

DECIDED:

Convict (s) ______________________________________________
(Full Name)
for violation of the established order of serving the sentence __________
__________________________________________________________________

Head of VC ______________________________________

"__" ____________ 200_

The resolution was issued by ________________________________________
(position, rank, surname, initials)

The resolution was announced to me __________________________________
(signature, date)

Resolution announced by ________________________________________
(title, surname, initials, signature)

Source - Order of the Ministry of Justice of Russia dated 06.10.2006 No. 311 (as amended and supplemented for 2012)

Resolution on the application of a penalty to a convicted person (recommended sample)

Appendix No. 25 to the Instruction on the Organization of the Execution of a Sentence in the Form of Restriction of Liberty

Convicted ____________________________________________________________
(Full Name,

year of birth)
committed a violation of the established procedure for serving a sentence, expressed
that ________________________________________________________________
(grounds for collection)
___________________________________________________________________________
After considering written explanation ______________________________________
and other verification materials, guided by Art. _______ Criminal
of the executive code of the Russian Federation,

DECIDED:

Convict _______________________________________________________________
(surname, initials)
for violation of the established order of serving the sentence ___________________
___________________________________________________________________________
(type of disciplinary action)

Chief
penal Inspection N ______
________________________ ______________________ _________________________
(title) (signature) (initials, surname)

"__" ________________ 20__

Resolution
announced ___________________________________________________________________
(signature, rank, initials, surname)

I have read the resolution _______________________________________________
(signature of the convicted person, date)

Source - Order of the Ministry of Justice of the Russian Federation of 11.10.2010 No. 258

The Ninth Arbitration Court of Appeal composed of:

presiding judge I.M. Kleandrova,

judges R.G. Nagaeva, V.V. Lapshina,

while keeping the minutes by the secretary of the court session D.A. Malyshev,

having considered in open court the appeal of JSC

"Sebryakovcement"

for the determination of the Arbitration Court of the city of Moscow from 15.02.2019

in case No. A40-175767 / 18, delivered by judge E.V. Mironenko,

on the inclusion in the register of creditors' claims of the debtor LLC "ZVD-INVEST"

individual entrepreneur Zamakhaev Vladimir Dmitrievich in the amount of 155 445

rubles, of which 135,000 rubles are the principal debt, 20,445 rubles are penalties in the third

satisfaction queue,

within the framework of the case for the recognition of ZVD-INVEST LLC as insolvent (bankrupt)

with participation in the court session:

from V.D. Zamakhaev - Ivanova N.Yu. by dov. from 25.05.2017

Installed:

By the decision of the Arbitration Court of the city of Moscow dated 08.10.2018 in relation to LLC

"ZVD-INVEST" introduced bankruptcy proceedings under a simplified procedure

debtor to be liquidated. The bankruptcy commissioner was approved by S.E. Klimova, about which

The Moscow Arbitration Court received a request for an individual

businessman Zamakhaev Vladimir Dmitrievich on the inclusion of requirements in the amount of

155,445 rubles, of which 135,000 rubles are the principal debt, 20,445 rubles are forfeits in

Rejected by the ruling of the Moscow Arbitration Court dated 15.02.2019

the petition of the creditor JSC "Sebryakovcement" to combine into one production for

joint consideration of the requirement of V.D. Zamakhaev and statements of JSC "Sebryakovcement"

on disputing the transaction, which was submitted to the court on 25.01.2019. Included in the register of requirements

creditors of the debtor LLC "ZVD-INVEST"

entrepreneur Zamakhaev Vladimir Dmitrievich in the amount of 155 445 rubles, of which

А40-175767 / 18 2

135,000 rubles - principal, 20,445 rubles - penalties in the third order

satisfaction.

Disagreeing with the adopted judicial act, JSC "Sebryakovcement" applied to

Ninth Arbitration Court of Appeal with an appeal in which it asks

cancel the ruling of the Moscow Arbitration Court dated 15.02.2019 in case No. A40-

175767/18 and adopt a new judicial act.

In support of the cancellation of the judicial act, the applicant of the complaint refers to incomplete

clarification by the court of circumstances relevant to the case, inconsistency of conclusions

court to the circumstances of the case, violation of substantive and procedural law.

At the hearing the representative of Zamakhaeva V.D. objected to the arguments

appeal, indicating that they are unfounded.

Other persons participating in the case, notified by the court of the time and place of the hearing

cases, did not appear at the hearing, in connection with which, the appeal

considered in their absence, based on the norms of Art. Art. 121, 123, 156 Arbitration

of the procedural code of the Russian Federation.

In accordance with paragraph 2 of part 1 of Article 121 of the Arbitration Procedure

of the Code of the Russian Federation (as amended by the Federal Law of 27.07.2010 No. 228-FZ)

information about the time and place of the court session was published on the official

website http://kad.arbitr.ru.

The legality and validity of the contested ruling was verified by the appeal

insolvency (bankruptcy) "insolvency (bankruptcy) cases

are considered by the arbitral tribunal according to the rules provided by the Arbitration

the procedural code of the Russian Federation, with the features established

Bankruptcy Law.

Clause 26 of the Resolution of the Plenum of the Supreme Of the Arbitration Court Russian

Federation of 22.06.2012 No. 35 "On some procedural issues related to

consideration of bankruptcy cases "explains that by virtue of paragraphs 3 - 5 of Article 71 and

Victims in criminal proceedings in accordance with the provisions of Art. 42 of the Code of Criminal Procedure of the Russian Federation is recognized as an individual who has suffered physical, moral or property damage by a crime. In addition, a legal entity may act as a victim if the crime has caused damage to its property and business reputation. In case of recognition as a victim legal entity his rights are exercised by a representative (part 9 of article 42 of the Criminal Procedure Code of the Russian Federation). To recognize a citizen as a victim in a criminal case, it is necessary to have appropriate grounds - factual and legal. The harm caused by the crime acts as factual or material grounds. As a legal or procedural basis, the decision of the investigating authorities to recognize a person as a victim is considered.

Recognition of an individual or legal entity as a victim in a criminal case means that this person is allowed to participate in criminal proceedings. His participation is based on the realization of the rights granted by law and the fulfillment of the necessary duties. The main purpose of the victim's participation in criminal proceedings is to restore civil rights violated by the crime or to compensate for the harm caused by the crime (or both). He needs procedural powers to pursue this goal.

The procedure for recognizing a citizen or legal entity as a victim is not stipulated at all, which presents a problem in ensuring the rights of the victim in criminal proceedings. Currently, this procedure (recognition as a victim in a criminal case) includes the following elements:

Summons for victim recognition;

Identification;

Presentation for review of the decision on recognition as a victim and familiarization with it of a person recognized as a victim in the case (an individual or a representative of a legal entity), which is certified by his signature;

Clarification of procedural rights and obligations;

Conducting investigative actions with the participation of the victim (for example, interrogation), if necessary.

Resolution on recognizing a person as a victim contains introductory, descriptive, motivating and operative parts.

The introductory part indicates the date, place of the decision, position, rank, surname and initials of the interrogator, the number of the criminal case on which the decision is made.

The descriptive and motivating part of the decision describes the signs of a committed crime. For a competent presentation of these signs, it is necessary to rely on the provisions provided for in paragraphs. 1-4 hours of art. 73 of the Criminal Procedure Code of the Russian Federation (circumstances to be proved), as well as the disposition of the article of the Criminal Code of the Russian Federation, which provides for liability for this crime. In particular, when describing the theft committed with illegal entry into a dwelling, in the descriptive and motivational part, it is necessary to indicate the date and time of the illegal entry into the dwelling, the address of this dwelling, the method of theft (secret) of someone else's property, ownership of this property, name, quantity and value stolen, the fact of causing significant damage to the citizen (if any).

Then, in the descriptive and motivating part, it is indicated what type of harm was caused to a specific person, which should be recognized as a victim.

The operative part of the resolution formulates a decision on recognizing a person as a victim, while indicating his surname, first name, patronymic, if the victim is a legal entity - his name.

In this document, a note is made that the decision has been announced to the person recognized as a victim, the corresponding rights have been explained to him. In the decision, the signatures of the victim are put, indicating that both the decision and the rights of the victim have been explained to him. The model forms provide a list of the victim's procedural rights.

If the victim is a legal entity, then the decision is announced, and the victim's rights are explained to the victim's representative, who, in accordance with the provisions of the Civil Code of the Russian Federation, may be the head of the legal entity or another person to whom the appropriate power of attorney has been issued.

Suspect's interrogation protocol.Interrogation is an investigative action, consisting in obtaining testimony from the interrogated in accordance with the procedure established by law regarding the circumstances relevant to the case.

The suspect's interrogation protocol consists of an introductory, descriptive and concluding part. This document has an important evidentiary value in a criminal case, since it is the author of evidence based on Art. 74 of the Criminal Procedure Code of the Russian Federation

In the introductory part of the protocol of the interrogation of the suspect, it is noted: the date, place, time of the beginning and end of the interrogation, the time of the break (if any); position, rank (class rank) and surname of the person who drew up the protocol, and the address where the interrogation was carried out; the number of the criminal case on which the interrogation was carried out.

In the case of interrogation of a suspect at night, it is advisable in the protocol to reflect the reasons for his urgent production.

The protocol of the interrogation of the suspect must obligatorily reflect data on the suspect's identity, his last name, first name, patronymic, day, month and year of birth, place of birth, place of residence and (or) registration (home phone number, if any, citizenship, education, marital status, family composition, place of work or study (office phone number, if any), relation to military duty and where is registered in the military, the presence or absence of a criminal record, as well as other significant information based on the circumstances of the case, which are recorded with his words and on the basis of the presented documents.

Also, the protocol of the interrogation of the suspect may reflect: nationality (established in order to clarify the need to invite an interpreter), the presence of family relations with any of the participants in criminal proceedings who have an independent interest in the case, etc.

If the interrogation of a suspect is carried out in the presence of his lawyer, his last name, first name, patronymic, as well as the number of the order submitted by him must be recorded in the protocol.

Recording the testimony of the suspect, the interrogator verbatim reflects the questions and the answers to them are recorded in the sequence that took place during the interrogation.

Before signing the protocol by the suspect, as well as by other participants in the interrogation, all amendments, additions and deletions are negotiated and certified by his signature (signatures of all other persons). If there are any additions, they are recorded at the end of the protocol, and corrections - in the text, but they are specified at the end of the page where they took place, or at the end of the protocol.

After the end of the interrogation, at the end of the protocol it is noted who read the protocol to the interrogated or that the latter got acquainted with it on his own. It also reflects the presence or absence of comments on the protocol and (or) clarifications.

The protocol of the interrogation of the suspect is signed by him, by the persons who were present during the interrogation, and by the interrogator who is carrying out this investigative action. If an interpreter was present during the interrogation, he signs each page of the protocol and the protocol as a whole.

RULE on recognition as a victim

Investigator of the Investigation Department of the Central District Department of Internal Affairs of the city of Ensk, Lieutenant of Justice A.V. Muravlev, having examined the materials of criminal case No. 122/234,

installed:

June 11, 201 * in the afternoon near house 43 on the street. Revolution in Ensk, two unknown men attacked gr. Sallo I.I., under threat of a knife, they took away her gold ring and chain with a total value of 7,600 rubles, after which they disappeared.

Based on the foregoing, and considering that Sallo Irina Ivanovna suffered property and moral damage, guided by Art. 42 5 of the Criminal Procedure Code of the Russian Federation,

decided:

recognize Sallo Irina Ivanovna as a victim in criminal case No. 122/234, and announce it against her receipt.

This decision was announced to me on June 26, 201 *, and at the same time, the rights of the victim, provided for in Part 2 of Art. 42 of the Criminal Procedure Code of the Russian Federation:

1) to know about the charge brought against the accused;

2) give evidence;

3) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is determined by paragraph 4 of Art. 5 6 of the Criminal Procedure Code of the Russian Federation. If I agree to testify, I am warned that my testimony can be used as evidence in a criminal case, including in the event of my subsequent refusal from this testimony;

4) present evidence;

5) submit petitions and challenges;

6) to testify in my native language or a language that I speak;

7) use the help of an interpreter free of charge;

8) have a representative;

9) to participate, with the permission of the investigator or the inquiry officer, in investigative actions carried out at my request or at the request of my representative;

10) get acquainted with the protocols of investigative actions carried out with my participation, and submit comments on them;

11) get acquainted with the decision on the appointment of a forensic examination and the expert's opinion in the cases provided for in Part 2 of Art. 198 7 of the Criminal Procedure Code of the Russian Federation;

12) at the end of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. If several victims are involved in a criminal case, I have the right to familiarize myself with those materials of the criminal case that relate to harm caused to me personally;

13) receive copies of decisions to initiate a criminal case, recognize me as a victim or refuse to do so, terminate a criminal case, suspend criminal proceedings, as well as a copy of the judgment of the court of first instance, decisions of the courts of appeal and cassation instances;

14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;

15) to speak in judicial pleadings;

16) support the accusation;

17) get acquainted with the protocol of the court session and submit comments on it;

18) lodge complaints about actions (inaction) and decisions of an inquiry officer, investigator, prosecutor and court;

19) to appeal against the sentence, ruling, court ruling;

20) to know about the complaints and representations brought in in the criminal case and to submit objections to them;

21) apply for the application of security measures in accordance with Part 3 of Art. 11 8 of the Criminal Procedure Code of the Russian Federation;

22) exercise other powers provided for by the Criminal Procedure Code of the Russian Federation.

The victim I.I. Sallo

The ruling announced and the rights explained

Investigator of the Investigation Department of the Central District Department of Internal Affairs of Ensk, Lieutenant of Justice A.V. Muravlev

The victim I.I. Sallo

6 For the commentary to this paragraph, see: Ryzhakov A.P. Commentary on the Criminal Procedure Code of the Russian Federation. - 7th ed. - S. 28 - 29.

Installed:

The present criminal case was initiated on September 29, 2015 by the Investigative Department of the Leninsky District of Voronezh of the Investigative Directorate of the Investigative Committee of the Russian Federation for the Voronezh Region on the grounds of crimes under Part 1 of Art. 105, part 3 of Art. 30, item "a" part 2 of Art. 105, part 1 of Art. 222 of the Criminal Code of the Russian Federation.

During the preliminary investigation of the criminal case, it was established that on September 29, 2015, at about 17 hours 20 minutes. A person unidentified by the investigation, being in the premises of the Khutorok restaurant, located at the address: Voronezh, st. Moiseeva, 5, from an unidentified firearm fired at least 5 shots into the head and body of A.A. Burlakov. and Churkina M.R., inflicting gunshot wounds on the latter, after which she disappeared from the scene.

From the received gunshot wounds Bkrlakov A.A. died in City Clinical Hospital No. 1, and Churkina M.R. with the received gunshot wounds delivered to the emergency hospital.

Based on the foregoing and taking into account that Churkina Marina Romanovna suffered physical and mental harm, guided by Art. 42 of the Criminal Procedure Code of the Russian Federation,

Resolved:

To recognize Churkina Marina Romanovna as a victim in criminal case No. 07122762,

Investigator Svetlitskiy V.V.

This decision was announced to me "___" ________________, and at the same time the rights of the victim, provided for in part two of Art. 42 of the Criminal Procedure Code of the Russian Federation:

1) to know about the charge brought against the accused;

2) give evidence;

3) refuse to testify against himself, his spouse (his wife) and other close relatives, the circle of which is determined by paragraph 4 of Art. 5 of the Criminal Procedure Code of the Russian Federation. If I agree to testify, I was warned__ that my testimony can be used as evidence in a criminal case, including in the event of my subsequent refusal to give this testimony;

4) present evidence;

5) submit petitions and challenges;

6) to testify in my native language or a language that I speak;

7) use the help of an interpreter free of charge;

8) have a representative;

9) to participate, with the permission of the investigator or the inquiry officer, in investigative actions carried out at my request or at the request of my representative;

10) get acquainted with the protocols of investigative actions carried out with my participation, and submit comments on them;

11) get acquainted with the decision on the appointment of a forensic examination and the expert opinion in the cases provided for in part two of Art. 198 of the Criminal Procedure Code of the Russian Federation;

12) at the end of the preliminary investigation, get acquainted with all the materials of the criminal case, write out any information from the criminal case and in any volume, make copies of the materials of the criminal case, including with the help of technical means. In the event that several victims are involved in a criminal case, I have the right to familiarize myself with those materials of the criminal case that relate to harm caused to me personally;

13) receive copies of decisions to initiate a criminal case, recognize me as a victim or refuse to do so, terminate a criminal case, suspend criminal proceedings, as well as a copy of the judgment of the first instance court, decisions of the courts of appeal and cassation;

14) participate in the trial of a criminal case in the courts of the first, second and supervisory instances;

15) to speak in judicial pleadings;

16) support the accusation;

17) get acquainted with the protocol of the court session and submit comments on it;

18) lodge complaints about actions (inaction) and decisions of an inquiry officer, investigator, prosecutor and court;

19) to appeal against the sentence, ruling, court ruling;

20) to know about the complaints and representations brought in in the criminal case and to submit objections to them;

21) apply for the application of security measures in accordance with part three of Art. 11 of the Criminal Procedure Code of the Russian Federation;

22) exercise other powers provided for by the Criminal Procedure Code of the Russian Federation.

Victim ____________________________

(signature)

The ruling announced and the rights explained

investigator ____________________________

(signature)

A copy of this resolution was received by "___" ______________ 2015

____________________________

(signature of the victim__)

"APPROVED"

Prosecutor of the Levoberezhny District of Voronezh

senior counselor of justice

V.V. Vasiliev

"___" October 2015

Decision on recognizing a person as a victim example. Decision on recognizing an individual or a legal entity as a victim in a criminal case. Decision on recognition as a victim

Installed:

RULE on recognition as a victim

installed:

decided:

Installed:

Resolved:

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