TOPICAL ISSUES OF ENSURING THE RIGHTS OF THE VICTIM AT THE STAGE OF PRE-TRIAL INVESTIGATION OF CRIMINAL PROCEEDINGS

Abstract

The article is devoted to the analysis of topical issues of legal regulation and practical enforcement of the victim's rights at the stage of pre-trial investigation in criminal proceedings, as well as to the specifics and procedural mechanisms of such enforcement. Attention is drawn to the ambiguity of practical realization of the victim's rights at the stage of pre-trial investigation in criminal proceedings and the mechanisms for ensuring such rights. The author analyzes the works of scholars who have studied the issues of the legal status of a victim in criminal proceedings in Ukraine. The author reveals practical peculiarities and inconsistencies arising in the process of recognizing a person as a victim in criminal proceedings. The author highlights the issues of compliance of national legislation with European standards on the rights, support and protection of victims of crime, as well as the position of the European Court of Human Rights. The article analyzes the rights of the victim as a subject of proof in criminal proceedings, in particular, the right to apply to the investigating judge during the pre-trial investigation in criminal proceedings with a request for temporary access to things and documents. The article highlights the conclusions of the Supreme Court on the emergence of rights and of the victim in criminal proceedings, and the author analyzes the rulings of investigating judges of district courts regarding the results of consideration of victims' motions for temporary access to things and documents. It is stated that in order to ensure proper and effective protection of the rights, freedoms and legitimate interests of a victim in criminal proceedings, it is necessary to take into account the practical features and apply the rules of law set forth in the rulings of the Supreme Court. Based on the results of the legal analysis of the current provisions of the criminal procedure legislation of Ukraine, and taking into account the current judicial practice in terms of ensuring the rights of the victim at the pre-trial investigation stage in criminal proceedings, the author makes proposals for eliminating legislative conflicts by amending the provisions of the Criminal Procedure Code of Ukraine.