Ensuring the rights of a victim the course of preventive measures application in criminal proceedings

Abstract

The article analyzes problems of ensuring the rights of a victim when choosing preventive measures in criminal proceedings. The position has been argued, according to which the victim, his representative and a legal representative have the right to participate in hearing of a motion for the application of preventive measures by an investigating judge or a judge and to appeal the decisions made by the court. It has been established that when adopting the judgement on preventive measures, the rights and legitimate interests of the victim are affected, including those related to the need to protect his personal safety from threats by the suspect or to ensure compensation for material damage caused by the crime, in that case he, his representative and the legal representative have the right to bring to pre-trial investigation bodies, a prosecutor and an investigating judge notice, their position regarding the selection, extension, change, cancellation of this or that preventive measure against the suspect, as well as to appeal the decision. Herewith, the possibility of an appeal cannot depend on whether the victim directly participated in the court hearing. Likewise, the victim and his representative have the right to become familiar with those materials on the basis of which the decision is made. When an investigating judge considers a motion for the application of preventive measures, the victim, his representative, and the legal representative must have the right to file a motion, including the one on the detention of the suspect, on cancellation or replacement of this preventive measure with another, to participate directly in the court consideration of a motion submitted by them or other participants in the petition process, to appear before the court and present their position and arguments, to appeal the decision of the investigating judge to the court of appeal. Proposals are made regarding the expediency of eliminating legislative conflicts by making appropriate normative corrections, namely to supplement Part 1 of Art. 193, Parts 1 and 2 of Art. 331 of the Criminal Procedure Code and Part 3 of Art. 315 of the Code of Criminal Procedure, provisions that will provide the right to a victim, his legal representative and a representative to apply for the choosing, change, cancellation, extension of the preventive measure against a suspect, an accused, as well as to appeal the relevant decision of an investigating judge, a court in the appeal procedure.