Some issues of providing the status of victims in the criminal proceedings in the form of private prosecution: comparatively-legal analysis of the criminal judicial legislation of Ukraine and the Russian Federation

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PDF: Author(s): Perepelitsa S. I.,
Number of journal: 4(25) Date: November 2013

The features of proceedings in the form of private accusation are examined in the article. It is proved that the legal status of the victim was given a new, more informative content that meets the idea of the priority ensuring the rights, freedoms and legitimate interests of the participants of the criminal proceedings. Attention is focused on the fact that individual differences in the status of the victim in the Criminal-Judicial Code of the Russian Federation and the Criminal-Judicial Code of Ukraine are explained by to the peculiarities of national legal systems, including the Criminal-Judicial Law. The process of research has determined the additional arguments in favor of introducing into the criminal proceedings of Ukraine of such subject as the private prosecutor are the following: a) the necessarily need to take into account the specific characteristics of this proceedings, as the specific reasons for its beginning and end; b) its nature as provided for by the state protection of the private rights and the legitimate interests of persons within the public and legal activities, as well as the existence of the criminal procedure law trend towards differentiation of criminal proceedings.


proceeding in the form of private prosecution, victim, rights and duties, comparative analysis, legislation

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