ACCESS OF THE VICTIM TO PARTICIPATION IN THE CRIMINAL PROCEEDING

Abstract

The legal material and procedural basis for the entering in the criminal process suffered person as victim are analyzed in the article; the basis for a justified refusal to recognize the victim and judicial protection of the interests of the victim who was denied access to criminal proceedings. According to the results of the conducted research, the proposition on the need to supplement Part 1 of Art. 55 of the Criminal Procedure Code of Ukraine (СPCU) and assigning to the grounds for recognition by the victim of non-property damage to a legal entity, violation or threat of violation in a criminal offense of the rights and legitimate interests of an individual and a legal entity. A scientific interpretation of the category "representative of a legal entity or a certain part of society" was carried out (Part 4 of Art. 55 CPCU). Was proposed to be included in part 6 of Art. 55 of the CPCU new norm on the recognition as victims for family members, close relatives of the victim, who died not in connection with the commission of a criminal offense against him, but for other reasons, for the representation of his legal interests. Refusal to recognize a victim by the prosecution may be appealed to the investigating judge. The investigating judge, in our opinion, should make a decision to recognize a person as a victim, provide and, if necessary, explain the victim's reminder about them rights and duties, if he cancels the resolution of the prosecution on refusal to recognize a person as a victim, considering practice of the Supreme Court. It is necessary supplement Part 1 of Art. 309 of СPCU and to provide for the injured person the right to appeal the refusal of recognition as a victim by the investigating judge to the Court of Appeals to ensure his access to the proceedings.