THE PROCEDURAL STATUS OF THE VICTIM DURING THE PRE-TRIAL INVESTIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article focuses on the study of the procedural status of thevictim during the pre-trial investigation and the process of implementation of his rights as well as on the ways to improve this problem and on the analysis of the opinions of scientists. For four years the Criminal Procedure Code of Ukraine (hereinafter – the CPC of Ukraine) actively operates, the rules of which are reflected all the time in practical activities of employees of the authorities of pre-trial investigation. But even now there are some problems in implementing of the rights of participants of the criminal procedure of Ukraine. The relevance of this study is that during the investigation we can see the implementation of all the principles of criminal proceedings, such as the rule of the law, equality before the law and the courts, competition, and so on. But despite the fact that the Constitution of Ukraine and the CPC of Ukraine define these principles as fundamental, yet the status of the suspect and his situation dominate the victim in the criminal procedure. This theme has been repeatedly investigated by scientists, they have revealed the problems of victim status in the criminal process and the ways to improve and solve the problems. Nevertheless, from 2012 the CPC of Ukraine, regarding the procedural status of the victim, was changed only where it concerns the definition who is recognized the victim in criminal proceedings. The aim of the studied problem is to determine the ways to improve the status of the victim, the implementation of his procedural rights and obligations. It should be noted that a person, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Human rights and freedoms of a person and their guarantees determine the content and direction of the state activities. In modern criminal process, during the implementation of all principles of criminal proceedings, there are some problems concerning the implementation of the victim’s rights, one of which is the fundamental right to get the refund for the damage caused by the crime, as well as other rights, including the right to participate actively in proving and to be informed on procedural decision-making or acts. These differences and shortcomings can be solved through legal empowerment of the rightsof the victim and directing the preliminary investigation not only to punish the person guilty of the criminal offense but also to restore the violated rights.
Authors and Affiliations
Н. П. Черняк, О. Ю. Михайлова
Keywords
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