INVESTIGATIONS OF LAWYER: POSSIBILITIES AND FEATURES USING MATERIALS COLLECTED BY THE VICTIM'S REPRESENTATIVE IN CRIMINAL PROCEEDINGS

Abstract

The activities of the victim's representative and other participants in criminal proceed-ings are aimed at fulfilling the tasks of criminal justice. Considering the general principles of criminal proceedings, particularly legality, adversarial parties, and equality before the law and the court, the thesis expresses that the victim's representative can and should take an initiative position at all stages of criminal proceedings. This, in particular, is because the development of criminal procedural guarantees of protection and protection of the rights and legitimate interests of participants in criminal proceedings is currently taking place in the context of creating equal opportunities for each of its parties. The thesis is that the representative of the victim in criminal proceedings performs important functions, at the same time; his separate powers can be used as a way of conduct-ing his investigation in terms of clarifying the circumstances of the commission of a criminal offense, recording certain information for use in the process of proof. The main measures that can be implemented by the victim's representative at the stage of the pre-trial investi-gation include the following: 1) collecting and providing to the investigator, inquirer, pros-ecutor, characterizing information about the injured party; 2) finding out the type and amount of damage caused to the victim; 3) establishing and conducting interviews of wit-nesses, initiating their interrogation; 4) gathering information to confirm the circumstances of the commission of a criminal offense; 5) obtaining access to things and documents that will be important during the pre-trial investigation and trial of the case on the basis of the decision of the investigating judge; 6) appointment of examinations in forensic institutions, in particular, on a contractual basis; 7) drawing up and filing a civil claim; 8) submission of a petition to establish the assets and accounts of the accused; 9) explaining to the victim the provisions of the Law of Ukraine "On ensuring the safety of persons participating in crimi-nal proceedings" and initiating their application.