Object of research: there is a legal relationship that arises, develops and ceases in connection with the presentation by the prosecutor of a civil claim in a criminal proceeding. Objective: to study theoretical and applied issues related to the implementation of the powers of the prosecutor regarding the presentation of a civil claim in criminal proceedings, as well as the development of scientifically substantiated proposals and recommendations aimed at improving the criminal procedural law and practice of its application in the aspect of the subject of research. Methods: general and special methods of cognition, in particular: dialectical, historical-legal, formal-logical, systemic-structural, legal analysis, sociological, comparative-legal. Theoretical and practical results, scientific novelty: It is proved that in the conditions of a competitive model of the criminal process it is expedient for the prosecutor, as a prosecution party, to consolidate the right to bring a civil lawsuit in criminal proceedings not only before the trial begins, but also before the court leaves the consultative room; it is substantiated that under the legal guarantees of presentation by the prosecutor of a civil claim in criminal proceedings should be understood the system (set of) norms, principles and means by which it is possible to achieve an impartial and timely consideration and resolution of a civil claim in a criminal proceeding in order to protect the violated rights and freedoms and legitimate interests of citizens, as well as the interests of the state; in order to increase the efficiency and effectiveness of providing a civil claim in criminal proceedings, it is proposed to supplement the CPC of Ukraine with a new article 128-1 "Providing compensation for damage caused by a criminal offense, a civil suit", which should be worded as follows: "1. If there is sufficient evidence that a criminal offense has caused damage, investigator, prosecutor, court are obliged to take all measures to recover it. 2. From the moment a civil claim is filed, the investigator, prosecutor, court are obliged to take all measures aimed at its securing, with the help of which it is possible to achieve impartial and timely consideration and resolution in a criminal proceeding in order to protect the violated rights, freedoms and lawful the interests of citizens, as well as the interests of the state "; justified expediency in Part 1 of Art. 127 CPC of Ukraine to replace the phrase "territorial community" with "local self-government bodies";
Improved: the definition of the essence of the concept of "measures to provide a civil claim", which suggests to understand the procedural activity of authorized officials, aimed at reimbursement of damage identified in a civil claim caused by a criminal offense, as well as execution in the procedure established by law procedural actions for its solution (satisfaction) ; Approaches to defining the concept of "legal guarantees", which are proposed to understand the system of norms, principles, conditions and requirements established by the law, with the help of which protection and protection of rights, freedoms and legitimate interests of the person is ensured, as well as their violation and their restoration is eliminated; scientific position regarding the necessity of consolidation in the provisions of Art. 128 CPC of Ukraine the right of the prosecutor to present a civil claim for reimbursement of expenses incurred by the health care institution for the treatment of the victim; procedural procedure for a public prosecutor to file a civil suit in the interests of the state and citizens. Practical significance: the results obtained can be used in the research area for the further development of issues of the procedural order of the civil prosecutor's presentation; in the field of lawmaking for the improvement of the current legislation of Ukraine on the regulation of the procedure for the prosecution of a civil claim in a criminal proceeding. Sphere of use: in teaching and methodological work during teaching of disciplines "Criminal process", "Pre-trial investigation into police", preparation of separate subdivisions (chapters) of textbooks, textbooks and methodical recommendations.
