PROBLEMS OF REALIZATION OF THE RIGHTS OF VICTIMS IN CRIMINAL PROCEEDINGS

Abstract

The article deals with the features of a participant in criminal proceedings on the part of the prosecution-the victim. The author notes the high importance of observing the interests of the victim as a victim of a crime in criminal proceedings, which is one of the elements of the constitutional balance of interests in the criminal procedure legislation of the Russian Federation. The article analyzes the features of procedural rights under the Statute of Criminal Proceedings of the Russian Empire before 1917. It is noted that the victim of the crime had a greater amount of rights in cases of private prosecution. The author analyzes the modern approach of the legislator in a number of European countries (Great Britain, the French Republic, the Swiss Confederation) to the protection of the rights of the victim of a crime in criminal proceedings. Attention is drawn to the fact that according to European legislators, the state, represented by its public bodies that carry out criminal prosecution, should not only bear greater responsibility for bringing the perpetrators to criminal responsibility, but also impose the burden of compensation for the damage caused to the victim of the crime. Several variants of approaches to solving the problem of improving the procedural status of the victim in the criminal proceedings of the Russian Federation are proposed. The author expresses an opinion on the practical solution of certain problems of protecting the rights of the victim in criminal proceedings, without making changes to the Russian criminal procedure legislation. The article is illustrated with examples from judicial practice.