Щодо кола учасників судового провадження

The article states that in the science of criminal procedural law, the concept of participants in court proceedings was considered in correlation with such concepts as: «participant in criminal proceedings», «subject of criminal procedural activity», «subject of criminal proceedings», «parties of criminal proceedings». It is emphasized that the currently valid Criminal Procedure Code of Ukraine (hereinafter the CPC of Ukraine) distinguishes the term «participants in court proceedings». (clause 26, part 1, article 3 of the Criminal Procedure Code of Ukraine). Meanwhile, the question remains open regarding the circle of persons who should be classified as participants in court proceedings, their classification and procedural status. The outlined goal of the research is to find out whether all the subjects who have fallen into the orbit of the criminal process are covered by the concept of «participants in court proceedings», to draw conclusions on the outlined issue. In order to achieve it, the criteria according to which the legislator classified as participants in the court proceedings the persons whose list is fixed in paragraph 26 hours 1 Art. 3 of the Criminal Procedure Code of Ukraine, and through their prism it was found out which subjects, which are in the orbit of criminal justice, are not covered by the concept of «participants in court proceedings». Only the subject composition of persons who are participants in court proceedings in the first instance is considered. The criteria by which subjects are classified as «participants in court proceedings» are collectively: a) the relevant stage of criminal proceedings; b) the importance of the outcome of the criminal proceedings on the merits for such participants; c) the possibility of their influence on the course of proceedings. In this regard, the legislator’s approach to assigning a staff representative of the probation authority to such a group seems to be rational. It is considered appropriate to also include the following as participants in the court proceedings: a) a representative of the children’s services and an authorized division of the National Police; b) a specialist representative of a special institution for the provision of psychiatric care, in which inpatient types of coercive measures of a medical nature are applied; c) a natural or legal person whose property rights are limited or deprived of them in criminal proceedings.