Criminal-legal and criminal-procedural status of the victim

The article examines the criminal-legal and criminal-procedural status of the victim. For a person who does not have a legal education, this often becomes another test, in connection with which it is important to properly regulate the status of the victim both in criminal law and in the criminal process. The legal status of the victim under the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine differs in many respects, despite the fact that the nature of such status is the same. The peculiarities of acquiring the status of a victim in criminal law and criminal procedural law are revealed. It is emphasized that a person acquires the status of a victim in criminal law from the moment a criminal offense is committed against him, and a person acquires the status of a victim in criminal procedural law only of his own free will, if he submits a corresponding statement. Regarding acquiring the status of a victim in criminal proceedings, there are two options here - either the person himself initiates criminal proceedings regarding the offense committed against him, or the proceedings are initiated at the request of another person, and the victim later submits an application to involve him in the proceedings as a victim. Based on the results of the judicial practice research, it is argued that the fact of not involving a person as a victim in the proceedings can be challenged only when such a refusal is duly formalized - by a resolution on refusal to recognize a victim. It is argued that the criminal legal sphere requires the protection of the rights and interests of the person who suffered from a criminal offense. The proposal to guarantee the right to free legal aid for victims on the same level as suspects accused at the expense of the state, regardless of their property status, is supported. The content of the category «a person who suffered from domestic violence» is disclosed. According to the results of the analysis of the provisions of the criminal and criminal procedural legislation, it is substantiated that a person who suffered from domestic violence can not to acquire the criminal procedural status of the victim (if, for example, he does not want it), but restrictive measures against the offender can be applied in his interests.