The state of scientific development of the problem of human rights communication of the victim in criminal proceedings in Ukraine

Abstract

The article examines the state of scientific development of the problem of human rights communication of the victim in the criminal proceedings of Ukraine.According to Article 2 of the Criminal Procedure Code of Ukraine, the primary task of criminal proceedings and the essence of the criminal procedure are the protection of the victim, their rights, freedoms, and legitimate interests. The right of the victim to human rights communication is understood as the possibility provided by the criminal procedural law for the victim, their representative, legal representative, or successor to receive information about criminal proceedings, exchange information about the state of criminal proceedings, and influence criminal proceedings in order to protect and restore the violated rights, freedoms, and legitimate interests of the relevant participant in criminal proceedings. The problem of human rights communication of the victim is intended to thoroughly and holistically integrate numerous aspects related to the protection of the rights and legitimate interests of the victim. It also strives to direct new impulses of scientific research in the field of protection of victim rights to the improvement of the mechanism for the implementation of relevant rights in the adversarial criminal process based on a victim-centered approach. This article examines the issues that have not been raised in scientific works yet but are essential for criminal procedure theory and law enforcement. The article emphasizes that it is relevant to substantiate and study the victim’s right to procedural communication and the concept of human rights communication of the victim in criminal proceedings. It also highlights communicative equality as a fundamental value, which permeates the rules of criminal law and procedure, the criminal procedure activity of the victim, and communication guarantees and barriers that contribute to or interfere with the latter.