SOME ISSUES OF DETERMINING THE PROCEDURAL STATUS OF THE VICTIM IN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to determining the procedural status of the victim in criminal proceedings. The article focuses on certain conditions of realization of the victim's procedural status within the criminal proceedings. Attention was drawn to the procedure for handing the victim a memorandum of rights and responsibilities, it was emphasized that such a memorandum should be handed over by a person who accepts an application for a criminal offense or a person who carries out criminal proceedings in the future. It is noted that it is expedient to determine the quantitative indicator of persons who have the right to acquire the procedural status of a victim in criminal proceedings, in addition, the position is expressed that the legislator should determine this number of persons. The purpose of the article is to determine the procedural status of the victim in criminal proceedings. This is done in order to develop a stable theoretical and normative position on a unified perception of the content of the procedural status of the victim in criminal proceedings. The procedural status of the victim in criminal proceedings is a multifaceted legal phenomenon. Proper regulation by the legislator of all elements of the procedural status of the victim in criminal proceedings is a guarantee of observance and consideration of personal rights and interests of victims of criminal offenses. One of the elements of proper identification of a procedural victim in criminal proceedings is the notification of the victim about his rights and responsibilities in criminal proceedings, by handing over the relevant memo. The current CPC should stipulate that such a memorandum should be handed over to the victim either by the person who accepts the victim's application for a criminal offense or by the person who accepts the victim's application to be involved in the said procedural status. As part of the proper determination of the procedural status of the victim, the legislator also needs to pay due attention to the issue of determining the number of persons who may simultaneously participate in the case as victims of a single criminal offense. Criteria for depriving the victim of the procedural status of a victim if his / her close relatives and family members acquire a person who was temporarily incapable but later regained the ability to enjoy the relevant procedural rights of the victim also need to be regulated.