Анотація

The article deals with issues of the impact the victim and his representative on the course of the criminal proceedings in the light of the principle of competition. In criminal proceedings of Ukraine the professional legal assistance to the victim is provided only by the advocate (lawyer) in the form of representation, which is to ensure the implementation of the interests, rights and obligations of the victim by the advocate. The lawyer can provide other forms of legal assistance too. The victim has the right to be represented by a lawyer throughout the criminal proceedings and at any time to abandon law services. Representative has the procedural rights of the victim, excepting the procedural rights, the implementation of which belongs directly to the victim and could not be delivered to the representative.

In order to ensure better the rights and interests of the victim, it is advisable to recognize legislatively the victim and his representative as the party of the criminal proceedings and as the private prosecutor - both in private and public prosecution with the provision of right to support both private prosecution. In such cases, it is needed to consider the prosecuting complex (combined).

It is also proposed to include in the list of persons eligible to receive free professional legal assistance to victims who are not able to fully exercise their rights on their own by age or state of health or intend to conclude an agreement on reconciliation with the suspect or the accused.

Keywords: attorney; victim; representative; professional legal aid; procedural law.