Review

Procedural status of victim in criminal proceedings has always been in focus of researchers and practicing lawyers. Currently there is a separate paragraph in Chapter 3 of Section I of Criminal Procedure Code of Ukraine which is devoted to victims. The paragraph defines rules and modalities for their participation in criminal proceedings and establishes grounds of transferring victims’ rights and duties to their close relatives and family members. Nevertheless, legislative regulation of procedural status of victim in CPC of Ukraine contains a number of deficiencies which cause certain issues in theory and practice of victim participation in criminal proceedings.

The purpose of the article is: 1) to analyze current legislation which concerns the procedural status of victim in criminal proceedings; 2) to explore the issues connected to procedural status of victim, transferring of victim’s rights and duties to other persons and related deficiencies in its legislative regulation; 3) to provide scientifically-based suggestions for their solution by amending and complementing CPC of Ukraine.

In Criminal Procedure Code of Ukraine the conflict between Article 3, paragraph 19 (1) and Article 3, paragraphs 25 (1), 26 (1), Article 93 regarding procedural status of victim in criminal proceedings in context of his belonging (or not belonging) to prosecution is substantiated. Authors’ perspective on this issue is demonstrated. Its’ possible consequences are revealed and the solution is suggested.

From the perspective of practice of Grand Chamber of the Supreme Court it is concluded that legislative mechanism of transferring victims’ rights and duties to their close relatives and family members is improper; authors’ comments and suggestions are put forward. In this regard, it is suggested to amend CPC of Ukraine with a new Article and implement such a participant in criminal proceedings as a victim’s successor. In addition, there is a suggestion to expand the concept of «legal representative of victim» by amending Article 59 of CPC of Ukraine.

Key words: victim, procedural status of victim, succession, successor of victim, legal representative of victim.