Problems of Exercising the Victim's Right to Familiarize with the Criminal Case file in the Event of Its Termination or Suspension

Abstract

The victim is a central procedural figure in criminal proceedings, who is involved in criminal proceedings due to the fact his rights are violated by the crime. In connection with the constitutional provisions and provisions of the criminal procedure legislation, the violated rights of the victim are subject to protection. At the same time, according to many proceduralists, including the author of the article, the current provisions of the Criminal Procedure Code of the Russian Federation (hereinafter referred to as the Code of Criminal Procedure of the Russian Federation), are more aimed at protecting the rights of the suspect and the accused, the rights of the victim are residual in comparison with the legal guarantees of the accused, that negatively affects not only the possibility of the victim exercising his legal status, but also in general on the protection of his rights in the field of criminal proceedings. This indicates serious shortcomings in the legislation in the field of protecting the rights of victims, which are systemic. The object of the study is exercising the right of the victim and his/ her representative to familiarize with the criminal case file in the event of its completion, termination, termination or suspension. In this sphere, serious shortcomings of the current legislation were revealed in terms of the formation of the procedure for familiarizing the victim, his representative with the materials of the investigation at the time of the suspension of the criminal case. It was concluded that amendments to the Code of Criminal Procedure of the Russian Federation were necessary to address the shortcomings identified, in a manner similar to chapter 30 of the Code of Criminal Procedure, which provides for the procedure for familiarization with the materials of a criminal case after the preliminary investigation. These amendments will help to safeguard the private interests of the victim and to implement the purpose of criminal proceedings - protection of the rights and legitimate interests of victims of crime.