ENSURING THE RIGHTS AND LEGAL INTERESTS OF THE VICTIM IN CRIMINAL PROCEEDINGS

The article analyzes the effectiveness of mechanisms for ensuring the rights and legitimate interests of victims in criminal proceedings. Attention is drawn to the problem of the lack of unity regarding the normative definition of the concept of «victim» within the framework of criminal and criminal procedural law. In this regard, a proposal is put forward regarding the need for partial unification of the concept of «victim» by expanding the types of damage that can be inflicted on a person (with respect to a legal entity) and by indicating not only the real presence of damage, but also the potential danger of its occurrence (with respect to physical person). In addition, the article emphasizes the importance of the regulatory establishment of a clear mechanism for recognizing a person as a victim by providing for the duty of an authorized entity to consider applications submitted in accordance with Art. 55 of the Criminal Procedure Code of Ukraine and to take the appropriate procedural decision in the shortest possible time. This article also analyzes the problems that may arise for the victim when he wishes to exercise certain rights provided for in Art. 56 of the CCP of Ukraine. The specified problems can be conditionally divided into three groups: 1) the rights of the victim, which must be regulated, but these are currently not contained in the Criminal Procedure Code of Ukraine (gaps); 2) the rights of the victim, which are fixed, however, their implementation is significantly complicated; 3) the rights of the victim, which are fixed, however, there are no mechanisms for their implementation (gaps). According to the results of the study, it is proposed to supplement the provisions of the Code of Criminal Procedure of Ukraine in the relevant parts.