Osinska O. The victim as a subject of criminal procedural relations

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U005610

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

24-12-2019

Specialized Academic Board

К 64.896.01

Hon. Prof. M.S. Bokarius Kharkiv Research Institute of Forensic Examinations

Essay

The object of the study is the public relations that arise, change and terminate in the exercise of the victim's procedural rights and duties. Aim: comprehensive study of the problems of victim's involvement as a subject of criminal procedural relations, identification and scientific substantiation of the relevant proposals aimed at improving the criminal procedural legislation of Ukraine and law enforcement practice on this issue. Methods: general scientific and special methods of cognition - historical-legal, logical-semantic, structural-logical, comparative-legal, formal-legal, method of ascent from abstract to concrete and method of modeling. Theoretical and practical results, scientific novelty: it is proposed at the legislative level to clearly identify the victim of a victim not only of a criminal offense (crime or criminal misconduct), but also of other socially dangerous acts committed not by the subject of crime, for example, a non-convicted or restricted convicted person; stresses the need to grant appropriate authority to the investigator, prosecutor, court on the basis of a medical report to recognize a victim on his own initiative, if such a person is in a long-term physiological condition, which makes it impossible to submit a corresponding application and has no prognosis for a speedy release; the necessity to affirm the obligation of the victim to testify in the current CPC of Ukraine; it is proposed to introduce in the current CPC of Ukraine the concept of "victim's request", which is similar to the concept of "lawyer's request", as well as to regulate the procedure of submission of the victim's request and responsibility for not providing information on such request; improved: scientific provisions on the types of harm that a legal entity may suffer as a victim of a criminal offense or other socially dangerous act; an approach to the discretion of the pre-trial investigation authority, the prosecutor or the court to recognize as a victim one of the close relatives or family of the victim; scientific proposals for introducing into the current CPC of Ukraine the notion of reasons for initiating criminal proceedings; the procedure of notification to investigators of the head of the prosecutor's office of the beginning of the pre-trial investigation, in particular, due to the duty of the investigator to immediately, but not later than 24 hours from the submission of information about the criminal offense in the Unified register of pre-trial investigations, to inform the head of the prosecutor's office about the initiation of the trial and the trial other information by sending an appropriate report; provisions on the establishment of restrictions in the CCP of Ukraine on the submission of a cassation complaint to victims; provisions fixing the requirements for an application for review of a judgment in newly discovered or exceptional circumstances. Practical importance: the obtained results can be used in the research field for further scientific research within the implementation of the theme "Legal protection of rights, freedoms and legitimate interests of subjects of public-legal relations", development of proposals and recommendations aimed at improving national legislation on the improvement of the criminal procedural status of the victim in criminal proceedings; in the field of law enforcement as recommendations for resolving a number of problematic legal issues that arise when dealing with criminal cases involving victims. Scope of application: in the educational sphere during the teaching of the course "Criminal Procedural Law of Ukraine", as well as during the conduct of scientific research on the problem of criminal procedural law.

Files

Similar theses