EVIDENTIARY ACTIVITIES OF THE VICTIM AT THE STAGE OF PRE-TRIAL INVESTIGATION: CURRENT ISSUES AND WAYS TO IMPROVE

Abstract

The article is devoted to the study of the victim’s evidentiary activities at the stage of pre-trial investigation in criminal proceedings. In the modern criminal procedure of Ukraine, which strengthens the principles of adversarialism, the active position of the victim in gathering evidence is key to the effective protection of his/her rights and establishment of the truth. Despite the legislative empowerment of the victim and the confirmation of the right to initiate actions aimed at establishing the actual circumstances of the case by court practice, in practice, the exercise of these rights often faces a number of pressing problems.The study analyses the provisions of the Criminal Procedure Code of Ukraine (hereinafter – the CPC), the current case law of the Supreme Court and the relevant legal positions of the European Court of Human Rights (hereinafter – the ECtHR), which form international standards. Particular attention is paid to the application of international recommendations, in particular the Berkeley Protocol, for the validation and recording of electronic and open sources of information that can be used by victims.The identified inconsistencies and shortcomings of the current legislation that impede the full exercise of the procedural rights of the victim during the pre-trial investigation formed the basis for the formulation of specific proposals for improving criminal procedural legislation. These shortcomings are manifested in the lack of clear procedures for submitting and verifying evidence collected by the victim, insufficient access to the necessary information, and ambiguity in the interpretation of certain provisions.The proposed amendments are intended to expand the legal possibilities of the victim in proving his/her case, guaranteeing the relevance and admissibility of the evidence collected by him/her, and to significantly increase the effectiveness of protection of his/her rights and legitimate interests in criminal proceedings. This will be achieved by improving procedural mechanisms that will allow the victim to fully form the evidence base, reduce existing obstacles and ensure effective judicial protection.Implementation of the proposals will not only strengthen the position of the victim, but will also contribute to strengthening the principles of fairness and competition in Ukrainian justice in general.