Dissertation is the first special comprehensive study of theoretical and practical problems of determining the procedural status and competence of subjects of criminal prosecution during the pre-trial investigation and in the court of first instance after the adoption of the CPC of Ukraine in 2012.
In the dissertation concepts, legal nature and types of criminal prosecution, concept of subjects of criminal prosecution, their classification and interaction with each other, as well as the peculiarities of participation of all subjects of criminal prosecution during pre-trial investigation, preparatory proceedings and trial were investigated.
Subjects of criminal prosecution are defined as participants in criminal proceedings that carry out the function of criminal prosecution, on other words, they carry out activities for the establishment of a specific person who committed a criminal offense and for the disclosure of this person in pre-trial investigation and proving his guilt in court through the exercise of state powers or rights, which they have according to criminal procedural law. Classification is carried out depending on the interest in prosecution, depending on the stages in which they can use their rights and powers within the framework of criminal prosecution and on the basis of initiation of participation in criminal prosecution.
It was proved that the head of pre-trial investigation agency was unjustifiably referred in paragraph 19 of Part 1 of Article 3 of the CPC to the prosecution side and can not be recognized as the subject of criminal prosecution.
It is substantiated that a civil plaintiff is the subject of criminal prosecution, since: compensation for the victim's damage depends on whether the person's guilt in the court has been proved, which is one of the determining elements of the criminal prosecution; the basis of the criminal procedural activity of a civil plaintiff in criminal proceedings is the successful implementation of function of criminal prosecution; while maintaining a civil action, his activity is actually aimed at promoting the function of criminal prosecution in a criminal proceeding; the civil plaintiff, given the specific position in the criminal proceedings, may have evidences that were not known to the investigator and could help to prove the guilty of the suspect (accused), the maintenance of a civil action may significantly affect the course of the whole criminal proceedings and, as a consequence, the prosecution.
It was established that victim's refusal to prosecute in a criminal proceeding in the form of a private prosecution can be either written or oral. At the same time, such a refusal must in any case be recorded in the materials of criminal proceedings. Therefore, in the event of an oral refusal of the prosecution to the investigator or prosecutor, it is expedient to submit a record of the refusal of victim from the prosecution. In such protocol, in addition to the text of victim's refusal, the legal consequences of such a refusal must be indicated, and the victim himself must testify in written form that he understand such consequences. If necessary, the investigator or prosecutor must explain to victim what the consequences of refusal of prosecution will be. If the refusal is expressed in written form, victim must make a corresponding application for refusing and submit it to prosecute an investigator or prosecutor. An unified list of victim's rights, which he can use in the case of prosecution's self-sustaining in court, is offered.
It was established that the civil plaintiff as a subject of criminal prosecution in court has the right: to support or refuse a civil action; to declare drains; to submit evidence for the confirmation of a civil suit; to participate in the study of evidence relating to a civil suit; to participate in the interrogation of the accused, witnesses, and expert on matters relating to civil action; to participate in court debates; to be acquainted and receive a judicial decision that is being settled in a civil suit.
In the dissertation author developed the theoretical concept of subjects of criminal prosecution during pre-trial investigation and in the court of first instance, formulated scientific and practical recommendations on the improvement of current CPC of Ukraine in terms of regulation of their activities.
