Thesis for a Candidate Degree in Law in specialty 12.00.08 – Criminal Law and Criminology; Criminal Enforcement Law (081 - Law). – Donetsk Law Institute of the Ministry of Internal Affairs of Ukraine. – Mariupol, 2021.
The dissertation is devoted to the consideration of the place and role of the victim in the criminal law of Ukraine. The author considers the genesis of the provisions on the victim of criminal offenses in the criminal legislation of Ukraine, examines the evolution of scientific views and the current state of research of the victim in the doctrine of criminal law, characterizes the criminal characteristics of the victim under Ukrainian law, international and European standards. The author points out that the criminal law is focused on the offender, and the second, no less important aspect of the offense - the victim is often overlooked, and therefore the task of criminal law, which is to protect the rights, freedoms and legitimate interests of citizens remains incomplete. First of, such a situation is due to the lack of thorough doctrinal developments in terms of studying the essence and content of the concept of the victim in criminal law, its role for a socially dangerous act and for the subject of the latter. The victim of a criminal offense is considered, for the most part, exclusively from the standpoint of criminal procedural law, which leads to the rupture of the "mental" connection of substantive and procedural law. It is concluded that the victim is an optional feature of the objective side of the criminal offense, and therefore he can and should be considered as an element of the object of the offense, because a person is a bearer of rights, freedoms and legitimate interests enshrined at the constitutional level and a direct participant in public relations, which are protected by criminal law. Today, the correct definition of the range of victims and their legal status is a very important task, as it affects not only the correct qualification, but also to determine the limits of criminal liability of the subject of the criminal offense.
Keywords: aggrieved, victim, criminal offense, criminal law, international standards, European standards, acts of criminally illegal nature, composition of a criminal offense.
