The constitutional status of the victim and its evolution in domestic legislation

About the author:

Elena Aleksandrovna Kislova, Cand. Sci. (Jur.), Moscow, Russia

kislowaea@gmail.com

Abstract:

This article examines the status of a crime victim from the perspective of constitutional law, which distinguishes this work from studies analyzing criminal procedural issues and demonstrates its novelty. The relevance of this work stems from the need to test the established thesis in the literature regarding the imbalance of legal guarantees for the rights of participants in criminal proceedings in favor of the prosecution. This examination was conducted taking into account numerous legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. The purpose of the study is to examine the status of a crime victim from the perspective of constitutional (state) law, including its development from ancient Rus to the present day. The main research methods include the dialectical-materialist method of studying legal phenomena and processes, as well as comparative, historical, and logical methods. Taking into account the current trend toward constitutionalization of sectoral legislation, the article explores the status of a victim as a constitutional and legal one. It is demonstrated that the expansion of constitutional and legal regulation ensures the necessary level of legal protection for crime victims in criminal proceedings. This is largely due to the practice of the highest courts, which, over a relatively short period of time, have produced a genuine evolution both in redefining the legal status of victims and in creating real guarantees for them to exercise their rights enshrined in the Basic Law of the Russian State.

References:

Avakyan, S. A. (2021a). The Constitutional Law of Russia. Training Course: in 2 Vols. Vol. 1. (7th ed. rev & enl.). Norma: INFRA-М. [In Russian]

Avakyan, S. A. (2021b). On granting the Constitutional Law of Russia in modern realities: Legal, subject and methodological aspects. Moscow Juridical Journal, (4), 7–23. https://doi.org/ 10.18384/2310-6794-2022-4-7-23 [In Russian]

Anikeenko, Yu. B., & Novoselova, N. V. (2025). Administrative and Tort Law (Edited by S. D. Khazanov. 2nd ed. rev. & enl.). INFRA-M. https://doi.org/10.12737/2167512 [In Russian]

Antonchenko, V. V. (2025). The essence of criminal punishment: Revenge or restoration of rights?. Russian Judge, (5), 38–42. https://doi.org/10.18572/1812-3791-2025-5-38-42 [In Russian]

Bogdanova, N. A. (1996, 1997). Equality of subjects of the Russian Federation: Some problems and solutions. In Republican Scientific and Practical Seminar “Legal Status of Subjects of the Modern Federation: Russian and Foreign Experience” (September 27–28, Barnaul, Russia) (pp. 67–71). [In Russian]

Vlasov, A. A. (2000). Compensation for damage to victims of crimes. Zakonnost = Legality, (2), 40–42. [In Russian]

Goshulyak, V. V. (2020). Factors influencing the subjects’ legal status of the Russian Federation. University Proceedings. Volga Region. Social Sciences. Law, (4), 17–25. https://doi.org/10.21685/2072-3016-2020-4-2 [In Russian]

Doroshkov, V. V. (2025). On fairness and humanization of modern criminal justice. Magistrate Judge, (5), 2–8. https://doi.org/10.18572/2072-4152-2025-5-2-8 [In Russian]

Yevdokimov, V. B., & Konysheva, E. G. (2016). Local government within the system of public authorities: Paths of constitutional development. State Power and Local Self-government, (11), 18–23. [In Russian]

Kazannik, A. I. (2016). In the grip of pointless constructions. State Power and Local Self-government, (6), 22–26. [In Russian]

Markuntsov, S. A. (2014). Historical features of origin of primary criminal prohibitions. Journal of Russian Law, (1), 132–142. [In Russian]

Maslennikova, L. N. (2025). The socio-political role of the investigator in protecting the rights of crime victims. Russian Investigator, (12), 16–20. https://doi.org/10.18572/1812-3783-2025-12-16-20 [In Russian]

Mateikovich, M. S. (2009). “Constitutionalization” of criminal proceedings. Vestnik TSU. Law, (2), 25–29. [In Russian]

Mironenko, S. YU. (2022). Classification and typology of personality of victims of crimes against life and health. Victimology, 9(2), 175–181. https://doi.org/10.47475/2411-0590-2022-19205 [In Russian]

Peisikova, E. V. (2023). Cruelty to animals (Article 245 of the Criminal Code of the Russian Federation): Judicial practice, search for new criteria. Criminal Judicial Proceedings, (4), 10–15. Retrieved from https://lawinfo.ru/articles/4380/zestokoe-obrashhenie-s-zivotnymi-st-245-uk-rf-sudebnaya-praktika-po... [In Russian]

Rozhnov, A. A. (2024). Russian civil law in the era of Ancient Rus. Notary, (2), 51–56. [In Russian]

Rozinov, V. M., Petlakh, V. I., Ivanov, D. Yu., & Shabanov, V. E. (2015). The Beslan experience: The effectiveness of medical and evacuation support for children. Russian Bulletin of Pediatric Surgery, Anesthesiology and Resuscitation, V(1), 33–41. [In Russian]

Rumyantseva, M. O. (2019). Initiation of a Criminal Case: Problems and Prospects. Yustitsinform. [In Russian]

Saltykova, S. A. (2012). Features of the formation of the legal system of Ancient Rus. History of the State and Law, (15), 45–48. [In Russian]

Stelmakh, V. Yu. (2025). Participation in a criminal case of a victim instead of a person who died as a result of a crime. Criminal Law, (7), 72–81. Retrieved from https://newtech.legal/cabinet/catalog/ugolovnoe-pravo/7861/9523/ [In Russian]

Chebotarev, G. N. (2022). Municipal government in the single government system. Constitutional and Municipal Law, (1), 57–60. Retrieved from https://old.lawinfo.ru/assets/files/Konst/2022/1/Konst_1_22-12.pdf [In Russian]

Chirkin, V. E. (2005). Public Power. Jurist. [In Russian]