PECULIARITIES OF THE PROCEDURAL STATUS OF THE VICTIM IN CRIMINAL PROCEEDINGS

Abstract

Abstract. The article defines the essence of the concept of the victim, substantiates its content in criminal proceedings. Theoretical issues concerning the observance of the rights of the victim in criminal proceedings are considered. The peculiarities of the procedural status of the victim are analyzed. It is considered that an important role in the rule of law is played by the problem of ensuring the rights and legitimate interests of the individual in criminal proceedings, including legal analysis of compensation for damages, damage to the victim (victim of crime) in criminal proceedings. A person who has suffered from a criminal offense, of course, needs real help, effective assistance in protecting his rights, including by means of state influence. The importance of observance of the rights of the victim in the practice of pre-trial investigation and court proceedings is argued. The article also proves that the procedural status of the victim in criminal proceedings is one of the most difficult and controversial issues in criminal proceedings. It is established that the legislation of Ukraine establishes the rules of participation of the victim in criminal proceedings, his rights and responsibilities, as well as determines the procedure for involving close relatives and family members of the victim, as well as regulates the transfer of his procedural rights and responsibilities. Attention should also be paid to the testimony of the victim in criminal proceedings, which in many cases is crucial for proving the guilt of an accused who denies involvement in the incriminated crime in the absence of other witnesses to its commission. Under such conditions, the word of the victim is against the word of the accused. In such proceedings, the testimony of the victim must be assessed in the light of other evidence obtained during the pre-trial investigation and examined at the hearing – the conclusions of examinations, physical evidence, documents. If the testimony of the victim agrees with other evidence, it becomes direct evidence of the guilt of the accused. It is noted that the adoption of the CPC of Ukraine in 2012 made progressive changes in the legal status of the victim, which to some extent meets European legal standards in the field of criminal justice.