Verbitskaya M.A. Legal Description of an Interview of a Victim in Legal Proceedings on Administrative Violations

Abstract: Pursuant to Part 2 of Article 26.2 of the Code of the Russian Federation on Administrative Offeies, testimony of a victim is one of the sources of evidence in legal proceedings on administrative violations. Thus, the legislation provides for the right of a victim to give explanations during administrative proceedings (Part 2 of Article 25.5 of the Code of the Russian Federation on Administrative Offences). This right of a victim means that he or she may give written or verbal explanations regarding the administrative offence and refer to factual circumstances of the case. The author of the present article considers the legal features of interviewing a victim in the course of legal proceedings on cases of administrative offences. Along with the term 'explanation' with reference to a victim, the Code on Administrative Offences also contains the term 'testimony'. In the process of writing this article the following research methods have been used: hermeneutical approach, systems approach, methods of analysis and synthesis, induction and deduction, comparative law method and other methods that are usually used in legal research. The author offers to distinguish these concepts, to reinforce the interview of the victim with the possibility of applying of administrative coercive measures to the victim in case of his or her abusing their procedural rights and failing to comply with procedural obligations. Acording to the author, it would be also reasonable to acknowledge liability of a victim for giving false evidence. The article also focuses on the issue of legislative recognition of responsibilities of the victim.

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