Rotar, A.I. Function of the victim in criminal process in Russia

Abstract: The object of studies involves norms of international criminal legislation of Russia, decisions of the Constitutional Court of the Russian Federation, regulating procedural position of a victim in the criminal process of Russia, including analysis of role of victim among other participants, implemented function in the course of criminal judicial proceedings, correlation of the legal categories of “accusation” and “criminal prosecution”, specific features of implementation of specific directions of activities, as well as theoretical developments in this sphere, including scientific articles, dissertation studies and monographs of renowned procedural scholars. The methodological basis includes general scientific methods, such as a analysis and synthesis, method of systemic approach, as well as main conceptual provisions of the modern doctrine of international criminal law. The studies show that some authors call the function of a victim “accusation”, and others refer to “criminal prosecution”. The author analyzes the correlation of these categories drawing a conclusion that “criminal prosecution” should be regarded as part of “accusation”. The analysis of “accusation” as a function has allowed to draw a conclusion on its contents: criminal prosecution, formulation (presenting) an accusation, support of accusation in court. These directions of activities should be regarded as sub-functions of the main function of accusation. Specific features of procedural status of a victim allows to single out his capabilities in the sphere of said types of procedural activity. As a result a conclusion is made that while being the main participant of criminal judicial proceedings, the victim is one of the key participants of a trial, the official bodies and officers implement an obligation on protection and restoration of violated or limited rights, being obliged to initiate a criminal case, establish an accused person and support prosecution in trial. The article also offers a new text of Art. 22 of the Criminal Procedural Code of the Russian Federation, the author considers that its title and contents should conform to other norms of the Criminal Procedural Code of the Russian Federation and the legal understanding of function of “accusation” as provided for in this article.

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