Problems of identifying signs of a victim in the crimes depots provided by articles 397-400 of the Criminal Code of Ukraine

Abstract

One of the key signs of so-called special structures of crimes, in article 397-400 of the Criminal Code of Ukraine of 05.04.2001 (next – CC), is an injured person. At present, a doctrinal approach to interpreting the content of signs of a victim in the warehouses of these crimes is distinguished by its inaccurate and discompliance with the literal meaning of the notions taken to indicate signs of such a victim in a special regulatory legislation. Therefore, it requires a Legal norms that would ensure the protection of such victim. The purpose of the article is to determine the main problems that arise when determining the signs of a victim in warehouses of crimes stipulated in article 397-400 of the Criminal Code and the ways of their solution. The study demonstrated the following problems: The concept of a defender and a representative who provides legal assistance, taken by the legislator, as such, indicating the special legal status of the participant in the relevant proceedings. In the warehouses of crimes stipulated in art. 397 – 400 of the Criminal Code, the integral characteristic of the special victim is: The defender, in connection with the activities associated with providing legal assistance Close relatives of the defender, in connection with the activities related to the provision of legal assistance to the defender The representative in connection with activities related to the provision of legal assistance to Close relatives of the representative in connection with the activities related to the provision of legal assistance to the representative. The term "representative, in connection with activities related to legal assistance," is not covered by a number of participants in procedural proceedings called the representative, but not formally are those that provide legal assistance. Outside the criminal law guard, which is provided by a group of special norms, which are located in section XVIII of the special part of the Criminal Code of Ukraine "Crimes against justice": Art. 397 – 400 of the Criminal Code, five types of procedural proceedings that Effectively protect and represent the interests of another participant of procedural proceedings, but formally their procedural activity has a different name: Representative of the victim, legal entity, namely: Supervisor, other person, authorized by law or constituent documents, employee of legal entity by proxy – Part 2 of article 58 of the CPC; Legal representative of the minor victim-article 59 of the Criminal Procedural Code; Witnesses ' advocate – Article 66 of the Criminal Procedural Code; Legal representative of a participant in the case-P. 1 of art. 58 Commercial Procedural Code, P. 1 of art. 58 Civil Procedural Code, Part 1 of art. 57 Code of Administrative Justice; A legitimate representative of a person brought to administrative responsibility, and a victim who is underage or persons who, because of his physical or mental disabilities, may not exercise their rights in cases of administrative offences. The case about an administrative offense-article 270 Code of Administrative Justice. In order to build an effective system of special criminal and legal protection of the participants of procedural proceedings, which actually carry out the function of representation of interests, rights and duties of other participants of procedural proceedings, appropriate amendments to article 397-400 of the Criminal Code are required.