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The subject of this study is ensuring the rights and legitimate interests of the victim upon termination of a criminal case and criminal prosecution with the imposition of a court fine (Article 76 .2 of the Criminal Code of the Russian Federation). Analysis of the current criminal legislation, Decisions of the Plenum of the Supreme Court, materials of investigative and judicial practice, as well as doctrinal studies concerning the issue being sought and presented on the pages of legal publications, allowed us to state the lack of a uniform understanding of taking into account the position of the victim when deciding on the release of a person from criminal liability on the basis of the provisions of the Criminal Procedure Code (Article 25 .1 of the Code of Criminal Procedure of the Russian Federation) and the criminal legislation of the Russian Federation (Article 76 .2 of the Criminal Code of the Russian Federation). The results of the conducted research allowed us to conclude that the presence of an individual whose rights and legitimate interests were violated as a result of a criminal encroachment, having the status of a victim of a crime, should be an important legal fact taken into account by investigative and judicial authorities when considering criminal cases. Opinion of such person (objection or consent) regarding the termination of the criminal case and criminal prosecution in general and with the appointment of a material payment to the state’s income (art . 762 of the Criminal Code of the Russian Federation), in particular, is of decisive importance for law enforcement agencies.
Sergey Korneev (Wed,) studied this question.