Dmitriy Ivanov, Anna Skachko, Sergey Polyakov, Elena Кleshchina, Dang Viet Hung


Objective: The article covers current issues related to proving the facts of causing moral injury resulting from a crime under the legislation of the Russian Federation. Authors review the reason to amend the legislation of criminal procedure of the Russian Federation in order to develop a mandatory norm prescribing the mandatory appointment of a forensic examination when establishing the fact that a crime has caused moral injury expressed in additional costs incurred by damage to health.

Methods: The analysis of the provisions of the current criminal procedure law of Russia, as well as foreign countries (Great Britain), allows the authors to analyze the existing problems and propose rational ways to solve them.

Results: It has been proved that in the activities to ensure compensation for moral injury resulting from a crime, there is a justified need to use an integrated approach to the use of special knowledge to determine the nature and severity of harm caused to health.

Conclusion: The authors substantiate the conclusion that it is necessary to build a unified legal method for assessing the moral injury caused by a crime, which starts from the initiation of a criminal case, and to create guarantees of its full compensation within the framework of a single process without the court transferring decisions on the satisfaction of claims to the civil law plane.


Pre-Trial Proceedings; Evidence; Proof; Moral Injury; Investigative Actions

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Azarov, V.A. (1990). Activity of bodies of inquiry, preliminary investigation and court on protection of property interests of citizens: Textbook. Omsk: Publishing House of the Higher School of the Ministry of Internal Affairs of the RSFSR.

Berkovich, O.E., Matreshina, E.B. (2015). Topical issues of forensic psychological examination in cases of moral harm in criminal and civil proceedings, In: Legal Science and Practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 4(32).

Bogdanov, V.P. (2002). Obligations to compensate the state for damage caused by law enforcement agencies and courts: Dissertation. St. Petersburg.

Cassation ruling of the Moscow Regional Court on the verdict of the Lukhovitsky District Court of the Moscow Region in criminal case No. 1-29/2012. (April 24, 2012). Retrieved from:

Gritsenko, E.N. (2005). Moral harm as a consequence of crimes against life and health: Abstract of Dissertation. Sciences. Moscow.

Himicheva, G.P., Michurina, O.V., Himicheva, O.V. (2001). The end of the preliminary investigation by the termination of the criminal case: Monograph. Ryazan: Uzorochye.

Kopik, M.I. (2014). Compensation for moral damage to victims of terrorism: Dissertation. Volgograd.

Luz, E. H. da, Belli , R. F., & Santos , R. C. dos. (2023). Green management: the sustainability’s path of no return in organizations . ESG Law Review, 6(1), e01571. Retrieved from

Nguyen, V.T., Pushkarev, V.V., Tokareva, E.V., Makeev, A.V., Shepeleva, O.R. (2021). Compensation for Damage Caused by a Crime in the Socialist Republic of Vietnam and the Russian Federation. Jurnal Cita Hukum, 9(2), 211–220.

Paliyuk, V.P. (2000). Compensation for moral harm (non-material) harm: Monograph. Kiev: Pravo.

Proschalygin, R.A. (2010). Compensation for damage caused by illegal actions of the preliminary investigation bodies: Dissertation. Yekaterinburg.

Pushkarev, V. V., Trishkina, E. A., Tokareva, E. V., Cuong, B. T., & Shepeleva, O. R. (2020). The Adversarial Approach in the Pre-trial Phase of Prosecution. Cuestiones Políticas, 37(65), 281-287.

Ribeiro , R. P., Espuny , A. L. G., & Hermes , A. B. M. (2023). Proposal For a Method For Feasibility Analysis And Implementation Of SDG In Brazilian Municipalities. ESG Law Review, 6(1), e01573.

Tarnavsky, O.A. (2014). On the issue of compensation for damage caused by a crime: Russian and foreign experience. Law and the State, 1(109).

Vereshchagina, A.V. (2013). On the factors affecting the amount of compensation for moral damage caused by illegal actions of the investigator, investigator, prosecutor and court during the implementation of criminal proceedings (based on the materials of judicial practice). State and Law, 4, 54.



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