DAMAGES RECOVERY CAUSED BY A CRIME AGAINST INTELLECTUAL PROPERTY: PROCEDURAL ASPECTS

Abstract

Doctrinal study of procedural aspects of recovery of damage caused by a crime against intellectual property is of great importance both for the resolution of specific criminal cases, and for generalization and uniformity of law enforcement practice, as well as for legislative improvement of existing criminal procedure rules governing the mechanism of compensation for damage caused by crimes. However, the effectiveness of the institution is reduced due to problems of law enforcement and shortcomings of legislation. Proposals to improve the mechanisms of recovery of damage caused by crimes against intellectual property need theoretical justification based on the study of modern law enforcement practice. Courts in civil lawsuits for crimes against intellectual property often allow violations of procedural rights that remain unresolved. the Criminal Procedural Code of the Russian Federation contains a number of gaps in this part: specific cases and limits of application of norms of the Civil Procedural Code of the Russian Federation to claims in criminal cases are not specified. They could be defined in the Criminal Procedural Code of the Russian Federation through references to specific articles (parts, items) of the Civil Procedural Code. The paper is aimed at conceptualization of procedural aspects of recovery of damage caused by a crime in relation to encroachments on intellectual property objects, which implies a doctrinal justification of the need to make additions to the criminal procedure legislation.