Slobodianiuk P. Judicial Protection of Victims as the Legal Guarantee of Human Rights in Ukraine.

The thesis is devoted to the problem of judicial protection of victims' rights as a legal guarantee of human rights in Ukraine. It is noted that despite of the studying of this problem in criminal and legal science, some theoretically and virtually issues are still unresolved, that indicates for the necessity in inter-sectoral research of the issues of victims' rights protection from crimes and other factors. The interpretation of the term “victim” in the legal science has been analyzed and it is stated that the criminal and legal notion of the victim from the crime does not reflect the person' real status, but its formal recognition by the investigating authorities or the court as a procedural figure, limits the range of social subjects by the procedural law, as well as the list of different types of damages, which cause renders the right to admit the subject as a victim. The author emphasizes that the notion of the victim is connected with the notion of damage, and therefore one of the constitutional victim's feature, in particular, from the crime, is the character and kind of its damaged cause. The causing of the harm changes person’s status quo so that it is attached to the status of the victim, sufferer or injured person in a social sense that arises in the context of its objective attitude to nature or other people. The notion of the victim is determined in the social sense, which is a person that has been caused by the damage directly or indirectly by the conscious and will actions of other subjects and the damage is not caused by the person's antisocial behavior; this notion of the victim is a logical basis for the determination of the legal status of all victims, including victims of the crime, as opposed to the legal status of sufferers and victims. The criterion of distinction of such concepts as "victim", "sufferer" and "injured" is proposed. The necessity of reorientation of the state to the problems of protection of victims' rights, changes of the doctrinal approach to its solution, "ultra level" research of the protection of victims' rights in the context of constitutional and legal institute of human rights is substantiated. The proposals for the improvement of current legislation in the field of victims’ rights judicial protection are formulated.