SPECIAL ISSUES FOR IMPROVING THE PROCESSUAL STATUS OF THE VICTIM IN LOSS OF THE CHANGE TO THE CRIMINAL PROCEDURAL CODE OF UKRAINE IN 2017
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 1, Issue
Abstract
The article is devoted to the analysis of the victim’s procedural rights and the peculiarities of their normative regulation in the light of recent changes to the Criminal Procedural Code of Ukraine. It should be noted that since the adoption of the Criminal Procedural Code of Ukraine, 50 amendments and additions have been made to it. The last ones were introduced by the Law of Ukraine dated 03.10.2017 and the Law of Ukraine of 16.11.2017. The said laws change certain provisions of the Criminal Procedural Code of Ukraine, introduce new provisions, and also try to overcome legal conflicts. However, it should be noted that part of the legal relationship remains insufficiently regulated. The article will focus on ensuring the rights and legitimate interests of the victim in criminal proceedings. First, the said law amends the procedure for carrying out the examination: the examination is carried out by an expert institution, an expert or experts, on the instructions of the investigating judge or the court granted at the request of the party to the criminal proceedings, or, if, in order to clarify the circumstances relevant for the criminal proceedings, special knowledge is needed. In the above, one can conclude that the victim is not entitled to apply to the investigating judge with a petition for an examination, since he does not relate to the parties to the criminal proceedings. The above norms of the Criminal Procedural Code of Ukraine considerably complicate the possibility of using the victim and his specialist representative to defend their interests in criminal proceedings, which is evidence that there is an apparent “imbalance” in the legal capacity of the victim and the party in defense in defending his position in the criminal proceedings. Secondly, article 284 of the Criminal Procedural Code of Ukraine is supplemented by paragraph 12, which reads as follows: the investigator, the prosecutor are obliged to close the criminal proceedings also in the case when the term of pre-trial investigation, determined by Art. 219 Criminal Procedural Code of Ukraine, ended and no person was notified of suspicion. The acquisition of these rules of lawlessness will create conditions for violating the rights of victims. For example, in the case of a serious or particularly serious crime, in most cases it is not sufficient to establish the person who committed it. For the sake of objectivity, we note that not all changes to the Criminal Procedural Code of Ukraine have a negative effect on the procedural position of the victim. To date, there are several short stories that contribute to the victim’s rights in criminal proceedings. First, a new participant in criminal proceedings is introduced – another person whose rights or legitimate interests are limited during the pre-trial investigation. The above gives an opportunity to conclude that this person may be the victim. That is, the person who was harmed by a criminal offense, but due to the illegal actions of the bodies of pre-trial investigation of the procedural status of the victim, she was not granted. Secondly, the applicant is entitled to receive an extract from the Uniform Register of Pre-trial Investigations. Article 214 of the Criminal Procedural Code of Ukraine, in a new wording, obliges the investigator, the prosecutor to initiate a pre-trial investigation and, within 24 hours after making such information, provide the applicant with an extract from the Unified Register of Pre-trial Investigations.
Authors and Affiliations
М. І. Демура
Keywords
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