Rights of victims in criminal proceedings: challenges and state strategy for improving legal status

Abstract

The article is devoted to issues of procedural regulation of the rights of victims in criminal proceedings. Based on the generalization of UN data on the increase in the number of victims of murder, statistical data of the State Judicial Administration of Ukraine and the Office of the Prosecutor General, the relevance of legislative initiatives to improve the provision and realization of victims’ rights is substantiated. The directions of state policy regarding ensuring the safety of victims, preventing and countering torture are revealed. It emphasized the “lack of remedies for victims of criminal offenses involving torture, cruel, inhuman or degrading treatment or punishment.” Recommendations are given to eliminate these gaps by creating, taking into account international standards and the practice of the European Court, an effective system of rehabilitation, legal protection of victims of criminal offenses related to torture, cruel, inhuman or degrading treatment or punishment, including introduction of an effective mechanism for compensation for damage caused to such persons.
 In the conditions of martial law, Ukraine concentrates its efforts on protecting the rights of victims, which requires coordination with the Rules and Procedures of Evidence and Evidence of the International Criminal Court. The full-scale invasion of the aggressor country created new challenges in the field of protection of the rights of victims in criminal proceedings. In order to implement new tasks, a Strategic Plan for the implementation of the powers of the prosecutor’s office in the field of criminal prosecution of international crimes for 2023-2025 was developed, approved by the Prosecutor General on September 15, 2023.
 Improving the system of ensuring the rights of participants in criminal proceedings in accordance with international standards will significantly reduce the number of victims of torture, observing reasonable deadlines for the investigation of criminal proceedings will contribute to increasing the trust of victims in law enforcement agencies, preventing delays in the consideration of criminal proceedings by the court will ensure adequate terms of satisfaction (execution of the court decision in part compensation for physical, moral and material damage). A significant number of victims of war crimes should be aware of their rights in accordance with the procedure of trial by the International Criminal Court, for which it is advisable to make appropriate additions to Chapter 19 of the Criminal Procedure Code of Ukraine.