Abuse of Right to Recognize/non-recognize a Person as a Victim by Investigators and Prosecutors in Criminal Proceedings: Theoretical and Practical Aspects

The article is devoted to the controversial issues of regulatory regulation of the procedure for recognizing a person as a victim in criminal proceedings. Gaps in the regulation of the procedural status of the victim were examined, and conflicts of law were identified that enable the abuse of rights by investigators and prosecutors when deciding whether or not to recognize a person as a victim in criminal proceedings. The analysis of judicial practice has shown that there are many cases of non-acquisition or untimely acquisition of victim status by a person, in particular, due to abuse of the rights granted to them by investigators and prosecutors. Ways of neutralizing these provisions are proposed, in particular, amendments to the Criminal Procedure Code of Ukraine regarding the procedure for acquiring such status by a person. The circumstances that lead to such abuses are summarized, in particular, such as ambiguous interpretation of the harm caused, which is the basis for acquiring the status of a victim, improper analysis of the circumstances of the case, which leads to unfounded refusals to recognize a person as a victim, delay in taking procedural actions when recognizing a person as a victim, etc. As a result, it is proposed to provide in the law the obligation of the authorized person to make a decision in the form of a resolution on the recognition or non-recognition of a person as a victim in criminal proceedings after receiving a relevant application from the victim. It has been proven that the only legal way for a victim to prevent abuse by investigators and prosecutors is to appeal to the investigating judge with a complaint about the cancellation of the resolution refusing to recognize a victim or about the inaction of the named persons in failing to take procedural actions regarding the recognition of a person as a victim.