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The article reviews grounds of the legal liability of the state to parties to criminal proceedings for the damage caused to them by illegal criminal procedure activities. The main attention is paid to the damage compensation procedure pursuant to Part 3, Art. 133 of the Criminal Procedure Code of the Russian Federation that is fundamentally different from compensation of damage to an exonerated person under the judicial procedure governed by Art. 399 of the Criminal Procedure Code of the Russian Federation. The author uses judicial cases with identified problems of establishment of grounds for compensation of damage caused by illegal criminal procedure activities, in particular, illegal application of measures of procedural coercion, as a basis to conclude that the traditional civil procedure for compensation of damage caused by illegal criminal proceedings often fails to conform to the reasonable term of judicial proceedings, and not every damage caused to parties to criminal procedure activities by coercive procedural measures can and must be compensated within the framework of the undertaken liability of the state to parties to criminal proceedings.
Olga A. Myadzelets (Thu,) studied this question.