ON SOME PROBLEMS OF PROTECTING INTERESTS OF THIRD PARTIES IN CRIMINAL PROCEEDINGS

Abstract

Not all persons involved in criminal proceedings have a procedural status or a common terminological designation. Nevertheless, the legislator recognizes the interests of persons whose rights are affected by procedural decisions or actions. The article identifies the problem of the lack of a legal protection mechanism for such persons, and also draws the analogy to the position of third parties in civil proceedings, since the interests concerned are formed in the sphere of property relations. In this regard, the authors raise the issue of prejudicial force of sentences on the basis of which the decision is made in civil proceedings when considering the civil claims for damages caused by a crime. The authors forecast the procedural consequences of the nullity of such decisions in the further consideration of the civil claim.

Keywords

• owners’ interests in criminal proceedings
• procedural status
• civil claim
• prejudice sentences