Трансформація процесуального статусу потерпілого у кримінальному провадженні

Abstract

The article attempts a comprehensive study of the content of the transformation of the procedural state of victim in the retrospective development of the national criminal - procedural legislation, as well as to identify problems and ways to overcome them regarding compensation for the damage caused to the victim in the event of a criminal offense committed in relation to his criminal offense. The development of criminal procedural legislation and generalized features and specific characteristics that are inherent in one of the main participants in the process – the victim – are determined. Research and analyzed normative legal acts that regulate the procedural status of the victim in criminal proceedings at different times of development of criminal and procedural legislation, as well as generalized domestic judicial practice on the implementation of the mechanism of compensation for damage caused. Attention is paid to the impact of international legal acts on the development of national legislation, especially in terms of ensuring the rights and freedoms of man and citizen, including in relation to persons who have caused any harm to criminal offenses. The transformation of the legal status of the victim from not recognizing it in the socialist-type legislation, to development and improvement in various historical stages of the state's development is analyzed. The system of procedural forms of realization of the victim's right to compensation for the damage caused to him in criminal proceedings has been determined. It is proved that one of the main reasons to consider a person as a victim is the proven fact of the cause-and-effect connection of the damage caused by the criminal offense. In this connection, damage is an obligation factor and an objective category that reflects the changes that have occurred in the property, physical, mental, moral condition of a person as a result of a criminal offense. Harm caused by a crime or a criminal offense, which is the basis for recognizing a person as a victim. It is determined that the national legislation, regulating the system of public relations in various spheres of legal relations in some legislative acts, determined the legal grounds for applying to the court in terms of compensation for moral (non-proprietary) damage caused in the first place. Thanks to the analysis of theoretical provisions, current legislation and individual positions of judicial practice, problematic issues have been clarified: Until now, at the legislative level, an effective mechanism has not been created that would make it impossible to make attempts to evade compensation for the damage caused. This is, in our opinion, requires significant changes to a number of laws (codes), namely: criminal, criminal-procedural, criminal-executive, etc.