PROBLEMS OF ACQUIRING BY A PERSON THE PROCEDURAL STATUS OF A VICTIM IN THE CRIMINAL PROCEEDINGS OF UKRAINE

Abstract

The object of the work is procedural status of a victim at the stage of pre-trial investigation. The topic of the work is focused on the procedure of recognizing a victim, who for objective reasons has not provided a proper application to law enforcement agencies to be involved in the criminal proceedings. The objective of the paper is to establish an exhaustive list of cases, when an investigator, prosecutor, court have the right to admit a person as a victim without providing an appropriate application or written consent on the recognition a person as a victim.

The author of the article has established a list of physiological conditions that deprive a victim of reactions to external excitants and abilities to any expression, so that a person can not apply to be involved to the criminal proceedings as a victim. As a result, there is an obligation of an investigator, prosecutor, court to recognize a person injured by the own initiative. The author has studied the issue of mandatory free participation of a representative of a victim, who makes it impossible to participate in criminal proceedings.

It has been concluded that the rights and legitimate interests of a victim should be carefully protected by the state. This is especially important for those who were in serious physiological condition after the commission of a criminal offense against them, and through which they can not fully realize themselves as the prosecution party within the criminal proceedings.

The author has suggested to amend the Articles 55, 58 of the Criminal Procedural Code of Ukraine and the Article 14 of the Law of Ukraine “On Free Legal Aid”.