Article · Eurasian Scientific Journal of Law · September 30, 2025

Procedural balance in criminal proceedings: rights of the victim and the suspect

Nurmaganbet Ermek Talantuly, Nakisheva Makhabbat Kenzhehanovna, Renat Shaikhadenov

Abstract

This article addresses the issue of ensuring proportional protection of the rights of victims and suspects (accused persons) within the framework of criminal proceedings. The author emphasizes the importance of recognizing and enforcing the procedural rights of the victim at the stage of preliminary investigation on an equal footing with other participants in the criminal process. The absence of an effective mechanism and clear legal regulation for the provision of state legal assistance to victims creates an imbalance between the parties and undermines the fundamental principles enshrined in the Constitution. According to the author, eliminating this imbalance requires granting victims an expanded scope of rights comparable to those of suspects and accused persons in order to restore the principles of justice and legality. The article presents a comparative legal analysis of the criminal procedure legislation of Russia and the Republic of Kazakhstan, highlighting positive aspects of the Kazakhstani model recommended for adoption in the legal system of the Russian Federation. The relevance of establishing a Victims’ Compensation Fund in Russia, based on the example of Kazakhstan’s experience, is also substantiated.

Criminal Law and PolicyCriminal Justice and PenologyLegal processes and jurisprudencevictims' rightssuspect rightscriminal procedure

Procedural balance in criminal proceedings: rights of the victim and the suspect

Abstract

More by Ренат Шайхаденов