Правові горизонти (Jun 2023)
CONCEPTS, FORMS, TYPES AND MAIN CATEGORIES OF HUMAN RIGHTS COMMUNICATION OF THE VICTIM IN CRIMINAL PROCEEDINGS
Abstract
The paper examines the problem of human rights communication of the victim in criminal proceedings. The paper defines the doctrinal concept of human rights communication of the victim, its forms, types, and the main categories, which include the communicative position of the victim, communicative equality, communicative guarantees, and communicative barriers. The authors of this paper highlight the current criminal procedure legislation should guarantee the victim’s activity during the pre-trial investigation and court proceedings. In this regard, it becomes relevant to consider the problems of timely provision, protection, and effective restoration of the rights, freedoms, and legitimate interests of the victim in criminal proceedings and the creation and improvement of the system of communicative guarantees. The paper emphasizes that the criminal procedure activity of victims in criminal proceedings is a process when they, their representatives, or legal representatives implement the victim’s communicative position as an act of conscious will. This process is defined by communicative guarantees, is limited by communicative barriers, and determines the implementation of human rights communication of the victim in criminal proceedings on the basis of communicative equality.
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