PROTECTION OF THE VICTIM’S RIGHTS AND INTERESTS IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to determining the procedural features of ensuring the rights and interests of the victim in criminal proceedings. The article focuses on the normative definition of the victim’s participation in evidentiary activities during the pre-trial investigation stage in criminal proceedings. The importance of expanding the procedural levers of the victim’s influence on the evidentiary process of the pre-trial investigation stage is emphasized. It is noted that proper regulation of the current Criminal Procedure Code in this context will certainly have a positive result on the victim’s participation in judicial proceedings. After all, this will actually improve the procedural opportunities for the victim to defend personal rights and interests during the judicial stage of proceedings. Thus, under the conditions of the victim’s consent to support the accusation in court in the amount previously presented by the prosecutor, the victim who actively participated in the process of proving during the pre-trial investigation stage will have a more balanced, well-founded and stable accusation position in the court proceedings. It is seen that such a procedural regularity is also relevant in conditions when the prosecutor refuses to accuse, and the victim at the court stage of the proceedings agrees to support a private accusation. Under conditions when the victim participated in the formation of evidentiary information that formed the basis of the accusation at the pre-trial investigation stage, he can be considered a private accuser in the court proceedings. However, at present, the victim is deprived of the opportunity to influence the formation of the accusation at the pre-trial investigation stage, and therefore in no way can he be considered a private accuser in the court proceedings. Such an accusation is formed without the participation of the victim and may not correlate with his internal, personal position, and therefore the essence of such an accusation remains state. In addition, the article emphasizes the introduction of amendments to the current legislation and the consolidation of the opportunity for the victim to receive legal assistance from a defense lawyer at the expense of the state in criminal proceedings.