Principles of the victim’s representation in criminal proceedings
Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it ha...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2024-06-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/740 |
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| author | I. O. Yemets |
| author_facet | I. O. Yemets |
| author_sort | I. O. Yemets |
| collection | DOAJ |
| description | Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it has been substantiated that the principle of victim representation is one of the fundamental principles of criminal proceedings. It has been proved that representation of victims in criminal proceedings is an indispensable guarantee of the principle of equality before law and court, access to justice and binding nature of court decisions, competitiveness of the parties and freedom to present their evidence to court and to prove their convincing nature before the court, etc.
It has been determined that on the way to European integration, Ukraine may need to revise certain provisions of the institute of victim representation in criminal proceedings, in particular, to determine the grounds for mandatory free-of-charge participation of a victim’s representative, at least in some categories of cases. It has been argued that victim representation should be carried out in compliance with the general principles of criminal proceedings, as well as the principles of: voluntariness; legality; competence; initiative; cooperation and effective communication with other participants to criminal proceedings.
It is suggested that these provisions should be used in further scientific research as a basis for reforming criminal procedure law in the context of introducing proven foreign practices into the victim representation activities. It has been determined that the prospects for further research should include the mechanisms for implementing international standards of victim representation, problematic aspects of victim representation in criminal proceedings, and the principles of representation of a witness, a civil plaintiff, and a civil defendant. |
| format | Article |
| id | doaj-art-2f1a432b7d514c4884e4b895a276a883 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2024-06-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-2f1a432b7d514c4884e4b895a276a8832025-02-03T05:27:44ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2024-06-011052 (Part 1)13814810.32631/v.2024.2.13740Principles of the victim’s representation in criminal proceedingsI. O. Yemets0National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute” Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it has been substantiated that the principle of victim representation is one of the fundamental principles of criminal proceedings. It has been proved that representation of victims in criminal proceedings is an indispensable guarantee of the principle of equality before law and court, access to justice and binding nature of court decisions, competitiveness of the parties and freedom to present their evidence to court and to prove their convincing nature before the court, etc. It has been determined that on the way to European integration, Ukraine may need to revise certain provisions of the institute of victim representation in criminal proceedings, in particular, to determine the grounds for mandatory free-of-charge participation of a victim’s representative, at least in some categories of cases. It has been argued that victim representation should be carried out in compliance with the general principles of criminal proceedings, as well as the principles of: voluntariness; legality; competence; initiative; cooperation and effective communication with other participants to criminal proceedings. It is suggested that these provisions should be used in further scientific research as a basis for reforming criminal procedure law in the context of introducing proven foreign practices into the victim representation activities. It has been determined that the prospects for further research should include the mechanisms for implementing international standards of victim representation, problematic aspects of victim representation in criminal proceedings, and the principles of representation of a witness, a civil plaintiff, and a civil defendant.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/740criminal procedureparticipant in criminal proceedingsvictimvictim's representativeattorney-at-lawprinciplepowers. |
| spellingShingle | I. O. Yemets Principles of the victim’s representation in criminal proceedings Bulletin of Kharkiv National University of Internal Affairs criminal procedure participant in criminal proceedings victim victim's representative attorney-at-law principle powers. |
| title | Principles of the victim’s representation in criminal proceedings |
| title_full | Principles of the victim’s representation in criminal proceedings |
| title_fullStr | Principles of the victim’s representation in criminal proceedings |
| title_full_unstemmed | Principles of the victim’s representation in criminal proceedings |
| title_short | Principles of the victim’s representation in criminal proceedings |
| title_sort | principles of the victim s representation in criminal proceedings |
| topic | criminal procedure participant in criminal proceedings victim victim's representative attorney-at-law principle powers. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/740 |
| work_keys_str_mv | AT ioyemets principlesofthevictimsrepresentationincriminalproceedings |