Participants In Criminal Proceedings Research Articles

Юридические гарантии реализации принципа равенства граждан перед законом и судом в уголовном судопроизводстве Российской Федерации

The article delves into the analysis of the constitutional principle of equality of all before the law and the court. The relevance of this topic is due to the problem of contradictions that have arisen between the normative and law enforcement position in implementing the principle of equality. In this regard, the author considers it para-mount to address the issue of creating special guarantees that ensure the foundational idea of equality for all before the law and court. It seems that the development of a system of guarantees for the implementation of the analyzed constitutional principle in the provisions of the current Criminal Procedural Legislation of the Rus-sian Federation will serve as a support for ensuring access to justice in criminal cases. It’s worth mentioning that the principle under consideration was reflected and actively applied in ensuring the rights of participants in criminal proceedings, according to the edition of the Criminal Procedure Code of the RSFSR. The author exam-ines various approaches to formulating the definition of “guarantees” in terms of implementing the researched principle and provides recommendations to eliminate the existing contradiction between legislation and prac-tice.

Regulation of the institute of concepts in the active criminal procedure code of Ukraine

The article examines the issues related to the procedural institute of participation of concepts in criminal proceedings, its appearance, development and legislative regulation at different historical stages. It is noted that since its origin, this institution of procedural law has been observed as a guarantee of ensuring the rights and interests of participants of investigative actions against harassment by the investigating authorities. A number of procedural rules which contain information on the participation of concepts in pre-trial proceedings allow us to conclude that the institute of witnesses is present in the current Code of Criminal Procedure.
 The authors analyse the opinions of scientists on the viability of keeping the institute of concepts in the current CPC, due to the modern technical opportunities for objective and complete fixation of the course and results of the investigative action. The authors conclude that the legislator has a reasonable attitude to the use of the traditional institute of concepts and the use of modern technical devices for recording investigative actions. The authors note that keeping the institute of concepts in the current CPC of Ukraine requires further regulation. The classification of a concept as a participant in criminal proceedings requires appropriate modifications to the CPC and an independent article among other participants in criminal proceedings. It is proposed to define this participant in the process in the relevant provision, indicating his procedural status (list of rights and obligations), the range of persons who cannot be involved as witnesses, and the right of participants to the investigative action to challenge the concept.
 Based on the analysis of scientists’ opinions, doubts are expressed about the ability of concepts to create conditions for an objective and, moreover, proper proceeding of the investigative action, to ensure the legality of its performance. In most cases, witnesses are random persons who are not interested in the case. The author analyses the proposals of scientists regarding the competitive recruitment by local self- government authorities of individuals who are trustworthy and passing their lists to law enforcement authorities for the purpose of engaging concepts. The authors justify the proposals for further regulation of the institute of concepts.

Bail as a preventive measure in criminal proceedings: procedural- legal aspects and issues

The article examines the role and significance of bail as a preventive measure in criminal proceedings. Procedural and legal aspects of applying this preventive measure are explored, along with the problems arising from its use. Procedural and legal aspects of bail, including its designation, application mechanisms, and limitations, are analyzed in detail.
 The study focuses on exploring the mechanisms for determining bail, its role in preventing crimes, and its impact on criminal proceedings. The procedures for bail assignment are analyzed, taking into account the risks arising from possible careless or unfair application of this preventive measure. Risks associated with potential improper or unjustified use of this measure are considered. Identified flaws in assigning bail could lead to violations of the rights of individuals suspected of crimes.
 The necessity to refine legislation for determining procedures to establish the legality of pledged funds is highlighted, which is an important issue in criminal proceedings. Specifically, attention is drawn to the European Court of Human Rights decision in the case «V. v. Switzerland» regarding the refusal to apply bail if the individual providing funds fails to provide adequate evidence of their legality. To ensure transparency and effectiveness of preventive measures, it is essential to establish mechanisms to verify the origin of funds used as bail. This would prevent situations where the source of funds remains unknown or when the individual offering bail has a questionable reputation that could compromise the legality of the funds.
 Issues in bail application, such as the potential for discrimination, lack of a uniform assignment standard, and the possibility of using bail to pressure suspects or defendants, are discussed.
 Emphasis is placed on the importance of a balanced approach to bail application in criminal proceedings, considering the individual circumstances of each case and maintaining a balance between the interests of justice and the protection of the rights of suspects or defendants.
 Conclusions and recommendations are made to improve legislation and practices related to bail application, aiming to enhance judicial efficiency and ensure equal conditions for all participants in criminal proceedings. The analysis could serve as a basis for further research and improvements in this field.

On the issue specificity of criminal proceedings concerning minors

The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolation of the legislative regulation of criminal procedural relations with the participation of these individuals, as evidenced by the provisions of Chapter 38 of the Criminal Procedure Code of Ukraine «Criminal proceedings against minors.».
 During the study, the opinions of domestic scientists on the most problematic issues related to the procedural features of criminal proceedings against persons who have not reached the age of majority were analyzed. As a result of a comprehensive analysis of the legal norms of criminal procedural legislation, it was proved that certain procedures and rules of criminal proceedings are adapted specifically to the needs of minors, although their basis are general legal norms. In particular, this fact is evidenced by the dualistic representation of the interests of the juvenile suspect and the accused, the special субʼєктний composition of the participants in criminal proceedings against minors and certain specific aspects both at the stage of pre-trial investigation of juvenile crimes and during subsequent court proceedings. The article also identified a number of problematic aspects related to the implementation of these provisions at the practical level, in the context of which it is proposed to introduce certain additions and changes to the Criminal Procedure Code of Ukraine.
 It is considered necessary to consolidate the special principles of criminal proceedings against minors at the legislative level in the form of a separate article. The conclusion focuses on the fact that despite the existence of certain shortcomings in the legal regulation of proceedings in cases of minors, the criminal procedure legislation of Ukraine is developing in the right direction.

Formation of legal regulation of criminal proceedings in Ukraine under martial law

This article explores the preconditions and stages of the development of legal regulations for conducting criminal proceedings in Ukraine during a state of war. It emphasizes that the peculiarities of legal regulation in the early stages of the antiterrorist operation and before the onset of full-scale war are linked to the objective impossibility of fulfilling certain requirements guaranteeing individual rights and freedoms during procedural actions due to ongoing combat operations in specific territories. Simultaneously, the need to ensure the inevitability of punishment for guilty parties led to the introduction of special criminal proceedings regimes with limitations on certain rights and freedoms of participants. The article identifies an increase in the proportion of investigations conducted through special criminal proceedings procedures as a distinctive feature of investigating crimes committed during a state of war. This approach allows the national law enforcement and judicial systems to accomplish the task of ensuring the inevitability of criminal responsibility for individuals hiding from pre-trial investigation or court proceedings on the territory of Russia or temporarily occupied territories of Ukraine. In addressing representatives of the occupying state committing war crimes against Ukraine, the article proposes additional guarantees, especially for foreign citizens, regarding proper notification of such suspects/ accused about the date and time of procedural actions or court hearings. This aims to minimize grounds for appeals to the European Court of Human Rights due to Ukraine’s alleged violation of Article 6 of the Convention. In summary, with the introduction of a legal regime of martial law in Ukraine, the procedure for conducting criminal proceedings is designed to respond to challenges associated with armed conflict and the inability of the state to fully or partially perform law enforcement, legal protection, and judicial functions in specific territories of Ukraine. The implemented mechanism for conducting special criminal proceedings during a state of war requires further refinement to maximally guarantee the rights and freedoms of participants in criminal proceedings.

Legal Training of Surgeons of the Republic of Tatarstan Based on the Experience of Participation in Criminal Proceedings in “Medical” Cases

Relevance In modern realities, medical workers, primarily representatives of surgical specialties, are increasingly faced with the need to have legal literacy, since medical activities associated with surgical practice are associated with high legal risks.Aim of study Studying the legal training of surgeons in the Republic of Tatarstan based on the experience of participating in criminal proceedings in cases related to improper provision of medical care.Material and methods During the period from May 15 to May 31, 2021, an anonymous survey of 124 surgeons from various medical organizations of the Republic of Tatarstan was conducted. The questionnaire consisted of 13 multiple-choice questions with an additional field for comments. The participation in the survey was voluntary, and the questions were devoted to the experience of participation in criminal proceedings in “medical” cases and the need for legal training in this matter.Results Among those surveyed, 51.5% of respondents at least once during the years of their career gave explanations to law enforcement agencies regarding the unfavorable outcome of medical care, and 38.7% were directly involved in a criminal case. According to 52.2% of respondents, the most common reason for complaints to law enforcement agencies is the inadequacy/bad manners of patients. The vast majority of doctors surveyed are guided in their activities by currently existing procedures, orders, standards and clinical recommendations. However, more than 37% of doctors have no idea how to act in the event of a criminal case being initiated due to an unfavorable outcome of medical care, and for 71.0%, medico-legal training is “highly relevant”.Conclusion The problem of criminal liability for improper provision of medical care for surgeons in the Republic of Tatarstan is extremely relevant. There is an urgent need to develop interdisciplinary formats for interaction between the medical, forensic and legal communities in order to improve the legal literacy of medical workers and reduce criminal risks in surgical practice.

Злоупотребления правом на досудебных стадиях уголовного процесса: виды и способы их преодоления

The article analyses the concept and signs of abuse of law in criminal proceedings. Among such signs the author names: the presence of a person with a specific subjective right; the implementation of law in contradiction with its purpose, or the purpose of criminal proceedings in general; inconsistency of a person’s behaviour with the criteria of good faith and reasonableness; causing harm to the interests of other participants in criminal proceedings, society and the state. Analysing the signs of abuse of right, the article indicates some types of abuse of right by private individuals or government entities, and makes a distinction between abuse of subjective right and abuse of discretionary powers. In conclusion, the author proposes to provide a legislative mechanism for overcoming abusive behaviour in criminal proceedings in the form of applying specific response measures to individuals and officials.

Участники стадии предварительного расследования с неопределенным процессуальным статусом

Introduction. Section II of the CPC of the RF “Participants of criminal proceedings” does not contain a complete list of persons involved in criminal proceedings. The analysis of the norms of criminal procedural legislation and law enforcement practice indicates a rather extensive list of persons actually involved in criminal proceedings, but their procedural status is not clearly defined. In this regard, this article is devoted to the issue of procedural consolidation of the general status of participants of the preliminary investigation stage. The purpose of the research is to propose amendments to the current criminal procedural legislation related to the introduction of a norm regulating the rights and obligations of all persons involved in criminal proceedings at the stage of preliminary investigation, but not specified in Section II of the CPC of the RF. Methods. In order to comprehensively analyse the issues related to the procedural status of persons whose legal status is not fixed in the criminal procedural legislation, general scientific methods were used: formal-logical, generalisation, analysis, description, and the legal-technical as a private-scientific method made it possible to propose changes in the legislation. Results. The author concluded that the participants of criminal proceedings, who do not have a procedural status regulated by law, have equivalent procedural opportunities. This allowed to suggest fixing a norm regulating the rights and obligations of all participants of the stage of preliminary investigation in the CPC RF.

Актуальные проблемы правовой регламентации уголовно-процессуальных сроков

The article is devoted to problematic issues of legal regulation of terms based on the analysis of the normative provisions of modern and Soviet criminal procedure legislation. The author has identified and resolved an intra-industry legal conflict in the criminal procedure law between Article 128 of the Code of Criminal Procedure of the Russian Federation, according to which the terms established in the criminal procedure law are calculated in hours, days, months, and a number of articles of the Code of Criminal Procedure of the Russian Federation, indicating calculation in other units of measurement (minutes, days, years). The law enforcement practice of calculating criminal procedural deadlines was analyzed and ambiguous decisions made by employees of internal affairs bodies were discovered. The main violations of the rights and freedoms of participants in criminal proceedings related to incorrect calculation of deadlines in criminal proceedings are revealed. Such violations lead to delays in criminal proceedings, non-compliance with the principle of legality and the principle of a reasonable period of criminal proceedings. As a result, proposals and recommendations were made to improve the law, consisting in supplementing and amending article 128 Code of Criminal Procedure of the Russian Federation.

Ensuring the Rights of Minors in Criminal Proceedings under the Legislation of Certain Foreign Countries

The paper analyzes the procedural status, as well as the specifics of the legal regulation of the participation of minors in the criminal procedure of the Republic of Azerbaijan, the Republic of Kazakhstan, the Republic of Belarus, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, the Republic of Armenia, Afghanistan, and the Swiss Confederation. The authors analyze the legislatively defined concept of a minor participant in criminal proceedings, the institution of representation, as well as the availability of additional procedural guarantees provided for by criminal procedure legislation. The study found that the period of detention of a minor suspected of committing a crime is not equal to 48 hours in all countries. In particular, the criminal procedure legislation of the Republic of Kazakhstan and the Kyrgyz Republic regulates the detention of this category of persons for a period of no more than 24 hours, which is regarded by the authors as an additional guarantee of the state aimed at protecting the psycho-emotional state of minors during criminal proceedings. The peculiarities of the production of investigative actions involving this category of persons, the peculiarities of their representation, as well as the involvement of a teacher, psychologist and doctor in criminal procedural relations are revealed. The authors recognize the Kazakh model of criminal procedure as an enhanced version of representation, which provides for mandatory representation of minor victims, civil plaintiffs and private prosecutors by both a legal representative and a representative, which can be either a lawyer or another person. The study made it possible to form a generalized idea of the rights and obligations of juvenile participants in criminal proceedings implementing various criminal procedural functions, as well as to express the author’s position on the possibility of introducing into the Russian criminal procedural space the most successful practice of legal regulation of ensuring the rights of minors in criminal proceedings, identified in foreign legislation.

Separate procedural aspects of the search

It is indicated that the tasks of criminal proceedings are to protect the person, society and the state from criminal offenses, to protect the rights, freedoms and legitimate interests of the participants in criminal proceedings, as well as to ensure a quick, complete and impartial pre-trial investigation and trial, so that everyone who has committed a criminal offense , was prosecuted to the extent of his guilt, no innocent person was charged or convicted, no person was subjected to unreasonable procedural coercion, and that due process of law was applied to each participant in the criminal proceedings.
 Accordingly, the article is devoted to the coverage of one of the most complex and strict investigative (search) actions in criminal proceedings, namely, the theoretical and practical issues of conducting a search and the role of participants in this procedural action during its conduct. The current legislation, which regulates the search, was analyzed, some changes and additions to the current Code of Criminal Procedure of Ukraine were proposed. The need for criminal procedural clarification of the circle of subjects who have the right to be present during the search was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings.
 Summing up, the article notes that during the search, the prosecution is empowered with broad powers provided for by the Criminal Procedure Code of Ukraine. Due to the fact that some procedural issues are not clearly regulated by the legislator, the person conducting the search uses procedural loopholes to his advantage. Precisely in order to specify the powers of the prosecuting party during the search, we propose to supplement Part 2 of Art. 235 of the CCP of Ukraine.

Problematic issues of legal regulation of participation of an advocate in criminal proceedings for the provision of professional legal assistance to participants in such proceedings

The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is well regulated, complies with international standards and does not require any adjustment.
 The article determines that, at first glance, the legal regulation of the activities of an advocate in criminal proceedings is sufficiently regulated, complies with international standards and does not require any adjustment. However, as practice shows, many problems arise in the implementation of criminal procedural law based on conflicts and gaps in it. Among them, a major place is occupied by the problems of defense, representation and other types of professional legal assistance to participants in criminal proceedings by an advocate.
 The article examines the state of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings. The authors analyze the absence of the right of the victim and his/her representative to engage an expert in criminal proceedings on contractual terms, other restrictions on the rights of the victim and his or her representative to collect evidence, the right to review the pre-trial investigation materials before its completion, no right to receive a copy of the notice of suspicion and indictment, no right to file a request to the investigating judge for temporary access to things or documents, as well as the right to appeal against a preventive measure applied to a suspect/accused on the grounds of its leniency, etc.
 The article also analyzes the rights of a representative of a civil plaintiff or a civil defendant in criminal proceedings in relation to the rights provided for by the Civil Procedure Code of Ukraine, the author draws attention to the need to provide representation for another owner or possessor of property in legal relations regarding the right to file a petition to cancel the arrest of property in whole or in part, and considers the procedural status of a witness's advocate and a whistleblower's advocate.
 The article proposes amendments to the provisions of the Criminal Procedure Code of Ukraine in the context of legal regulation of participation of an advocate in criminal proceedings to provide professional legal assistance to the participants of such proceedings.

The ratio of coercion and responsibility in the criminal process

For a long time, there has been a scientific debate among legal scholars regarding the place of criminal procedural coercion in the area of procedural responsibility. The reason, in my opinion, is the etymology of this question through the prism of the socio-political development of the country and the heritage that Ukraine received along with independence.
 The identification of these concepts became possible only in the retrospective study, at the same time, procedural challenges of the criminal type give a new impetus to this discussion and expand the scope of the study of the specified problem. The criminal-procedural protection of the participants in criminal proceedings dictates requirements for strengthening criminal-procedural coercion on the part of state-authorized bodies and the court. The close interaction of the concepts of “procedural responsibility”, “procedural sanctions” and “procedural coercion”, according to some scientists (for example, Z. Zinatullin), give reasons to consider them to be combined into a single category. At the same time, some scientists (V. Rozhnova, Z. Kovryga) are convinced that the forms, limits, order of application and direction of actions are the circumstances that distinguish them from one another and provide an opportunity for independent study. However, there is a group of scientists who believe that criminal-procedural coercion is a type of criminal-procedural responsibility, and directly sanction is considered as a structure of criminal procedural norm (A. Blagodyr).
 That is why, in the article, the author tries to investigate the problems of the relationship between criminal procedural responsibility, measures of criminal procedural coercion and sanctions. I draw your attention to the fact that in the theory of the criminal process, both the sanctions of criminal procedural norms and the measures of criminal procedural coercion are diverse.
 Establishing such a model of behavior, the state provided not only the fact of punishment itself (punitive or penal sanctions), but also the possibility of compensation for the actions of its authorized bodies (compensatory sanctions) or even bringing back to the original state or restoring the procedural status (restorative) of the persons involved in the process or who were affected by issues related to the process.
 Another feature of these legal relations is that each criminal offense is associated with the use of criminal procedural coercion. At the same time, criminal procedural coercion goes beyond the scope of the committed criminal offense and can be applied outside its jurisdiction. For example, the plea of a witness as a procedural figure and the plea of an eyewitness who has not yet received procedural status are closely related to the concept of coercion, although they differ in the nature of their application.
 That is why a number of scientists consider it necessary to narrow the range of coercive measures, linking them with a procedural form and criminal procedural responsibility (I. Petrukhin).
 The author calls for a scientific discussion in order to narrow the circle of opinions and theories on this issue.

Human Dignity, Rights and Victim Participation in Criminal Justice

Human dignity is the cornerstone of human rights and central to the Treaty on European Union (EU) and the EU Charter of Fundamental Rights. It is embedded within constitutions across EU countries. This strong commitment to human dignity has given rise to extensive reflection on its centrality to correcting rights violations, inequality, discrimination and the oppressive conduct of state institutions. This article explores the work that human dignity does for people victimised by crime in the EU. We argue that the agentic human, central to the idea of victim participation, originates in human dignity. However, using a dignity lens, an analysis of victims’ rights documents and rights research reveals a paradox within the victim-friendly civil law jurisdictions of Europe. That is, the procedural position of the victim established in tradition and law is undermined by justice professionals’ attachment to the idea of the state’s ownership of the violation. We then discuss jurisprudence of the European Court of Human Rights relevant to the protection of human dignity to identify how this tension between the protection of individual victim rights, especially the right to remedy, and public interest is adjudicated. We suggest that the Court’s attention to individual rights should be harnessed by victim rights advocates and lawyers. While the victim’s procedural role matters to their substantive and meaningful participation in criminal proceedings, it is their right and capacity to act independent of the state that may matter more.

Protection of the Rights and Legitimate Interests of Participants in Criminal Proceedings

This scientific article focuses on the problem of protecting the rights and legitimate interests of participants in criminal proceedings, the role of the institutions in protecting the legitimate interests of participants in criminal proceedings, and the present stage of the development of law. The study analyzed relevant domestic and international legal acts. The authors investigated the role and importance of the protection of rights in the framework of the criminal process and explored the mechanisms used to ensure a fair trial. The article emphasizes the importance of protecting the rights of participants in the criminal process to ensure the fairness and effectiveness of the trial. The guarantees provided to the victim and the witness are discussed. This scientific work offers practical recommendations for improving the protection system considering its current status.
 This study also develops recommendations for its improvement. The authors explored the historical aspect of the development of the protection of the rights and legitimate interests of participants in the criminal process. The authors reviewed the main stages in the development of the criminal process in several historical periods, focusing on the evolution of the rights and legitimate interests of the participants, in particular, the accused and defenders. Further, the article discusses the progressive changes occurring as a result of legal reforms in the field of protecting the rights and legitimate interests of participants in the criminal process.

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

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.

Problems of Conceptual Apparatus and Legal Regulation of the Form of Expert Opinion in Criminal Proceedings

The regularity of inclusion in the Criminal Procedure Code of the Russian Federation of conclusions and testimonies of an expert and a specialist as sources of evidence is due to the rapidly developing field of special knowledge, achievements of science, technology, crafts, digital technologies. It is impossible to imagine a modern criminal process without the participation of such participants in criminal proceedings as an expert and a specialist. At the same time, if the legal status of the expert, as well as the form of his participation in a criminal case in the legislation, is more complete, then according to many researchers, the legal status of the specialist and the form of his/her participation is difficult to recognize completed. The author of the article conducted a study of the norms of the current criminal procedure legislation regarding the sufficiency of the volume of legal regulation of the legal status of a specialist and issues of the forms of his/her participation in criminal proceedings and determined his insufficiency. The most problematic issue, according to the author, is the problem of determining the form of the expert's opinion, since the legislator bypasses the issues of legal regulation of the form of the expert's opinion. In turn, this causes problems of application in practice, and, as a result, reduces the effectiveness and potential of applying special knowledge in the form of involving a specialist. Based on the study, the author proposes the concept and structure of the specialist's opinion form as a possible option for improving the form of his/her participation in criminal proceedings.

Procedural opportunities of the victim in a criminal trial

The scientific study is devoted to clarifying the procedural possibilities of the victim’s participation in an adversarial judicial criminal process, based on which recommendations were developed aimed at improving the tactics of conducting certain procedural actions, as well as the provisions of the criminal procedural legislation, which regulate the procedure for the victim’s participation at the stage of the trial. It is substantiated that legal guarantees of the realization of the procedural rights of the victim at the stage of the trial are aimed at creating certain opportunities for the victim in the examination of evidence, prevention (prevention) of violations by other participants in criminal proceedings, termination of violations of procedural rights and restoration of the violated right. It was determined that the basic legal guarantees of the victim during the trial include the following procedural possibilities: to be informed in advance about the time and place of the trial; submit evidence to the court and participate in their direct examination; to file objections and motions; to ensure safety for oneself, close relatives or members of one’s family, property and housing; give explanations, statements or refuse to give them; to challenge decisions, actions or inaction of authorized persons; support the prosecution in court in case the prosecutor refuses to support the state prosecution; to appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine and others. Also, in order to provide additional guarantees for the realization of the rights of the victim in the adversarial criminal process, arguments are given for making relevant changes to the Code of Criminal Procedure of Ukraine in terms of: establishing for the victim the opportunity to be present when the preventive measure is selected, changed or canceled, to provide explanations and evidence to support their position, as well as the right to appeal decisions on the specified issues; indicating that the interrogation of the victim begins with the proposal of the presiding judge to give testimony regarding the criminal proceedings, after which his interrogation is carried out by applying direct and cross-examination.

Процессуальное положение прокурора как субъекта обеспечения прав предпринимателей в уголовном судопроизводстве

The article examines the protection of the rights of entrepreneurs as participants in criminal proceedings. It is emphasized that prosecutor’s supervision over the observance of human and civil rights and freedoms is one of the components of the system of state protection of entrepreneurs’ rights. As part of the study, particular at-tention is paid to such key procedural categories as “functions of the prosecutor” and “powers of the prosecu-tor”, on the basis of which the role in the context of ensuring the rights of entrepreneurs in criminal proceedings is formulated. A detailed analysis of the peculiarities of the procedural position of the prosecutor and its influ-ence on ensuring the rights of entrepreneurs in criminal proceedings is offered. It is noted that the question of whether there are signs that allow a person to be classified as a business entity arises even in pre-trial proceed-ings, which necessitates the adoption in each specific case of a procedural decision on the recognition of a person as a business entity. Conclusion dwells upon the fact that it is the prosecutor who should resolve the issue of attributing a person to the subjects of entrepreneurial activity.

THE PROSECUTOR'S OFFICE AS A SUBJECT OF COMBATING CRIMES AGAINST THE BASICS OF NATIONAL SECURITY OF UKRAINE

The article is devoted to the analysis of the role of the prosecutor's office in countering crimes against the foundations of Ukraine's national security. In addition, there are characterized the relevant group of crimes, carried out the analysis of legislation and scientific developments, which characterize the relevant concepts of "national security" and "crimes against national security", their nature and role in the modern conditions of the armed aggression of the Russian Federation against Ukraine. There are also considered the main tools that are available to the prosecutor's office in the framework of activities to counter the relevant category of crimes and protect the interests of the state, their importance and relevance in modern realities. Participation in criminal proceedings at all stages in cooperation with other law enforcement agencies is currently the most affordable way to involve the prosecutor's office. At the same time, the question arises in a way how important is the effectiveness of the activities carried out within the framework of each of the stages of criminal proceedings, starting from their opening to its subsequent execution. Also there is an example of such a crime. It indicates that such crimes are mostly committed with direct intent. In order to understand how urgent an issue of the appropriate counteraction to crimes against the foundations of national security is, there are analysed statistical data regarding the total number of open proceedings, the number of those brought to court, and the number in which the courts issued a verdict. The dependence of the number of committed crimes on the geographic location of the region was also revealed: the closer to the territory where hostilities are being waged or which were under occupation, the greater the number of open proceedings is.