Theoretical and Enforcement Issues of Criminal Proceeding in the Format of Private Prosecution

Volodymyr Hryniuk; Davyd Simonovych; Yana Koniushenko

Volodymyr Hryniuk Department of Justice, Taras Shevchenko Kyiv National University (Kyiv, Ukraine). https://orcid.org/0000-0002-6340-0584
Davyd Simonovych Department of the Educational and Scientific Training Organization of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine). https://orcid.org/0000-0002-0285-4005
Yana Koniushenko Department of Criminal Process of National Academy of Internal Affairs (Kyiv, Ukraine). https://orcid.org/0000-0003-4988-0793

Keywords: Concept of private prosecution, victim, criminal proceeding in the format of private prosecution.

Abstract

In the article, the relevance of the topic under the study is related to significant changes of the concepts previously known to the theory of the criminal procedure in the Criminal Procedure Code of 2012. No exception is private prosecution, the modernization of which has caused a number of problems in its uniform law application. This is due to a certain innovation in the legal regulation of the legal provisions on criminal proceedings in the format of private prosecution. Obviously, this has adversely affected the law applicable activities of law enforcement and judicial authorities in Ukraine. According to the results of the study, certain conclusions and recommendations are made in regard to possible addressing the problematic aspects that arise nowadays during the pre-trial investigation in the format of private prosecution. The aim of the article is to carry out a systematic analysis of legislative provisions regarding criminal proceedings in the format of private prosecution, to identify on this basis the gaps and contradictions in the CPC of Ukraine, and to formulate certain ways of their elimination.Methods of the study are determined by the aim stated. For this purpose, methods of scientific knowledge, such as comparative legal, statistical ones and generalization, are used to the achieve comprehensiveness and objectivity of scientific research, validity and consistency of the conclusions formulated.

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Author Biographies

Volodymyr Hryniuk, Department of Justice, Taras Shevchenko Kyiv National University (Kyiv, Ukraine).

Doctor of law sciences, Associate Professor, Associate Professor of the Department of Justice, Taras Shevchenko Kyiv National University (Kyiv, Ukraine).

Davyd Simonovych, Department of the Educational and Scientific Training Organization of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Doctor of law sciences, Senior Scientific Associate, Head of the Department of the Educational and Scientific Training Organization of Kharkiv National University of Internal Affairs (Kharkiv, Ukraine).

Yana Koniushenko, Department of Criminal Process of National Academy of Internal Affairs (Kyiv, Ukraine).

Candidate of Law, Associate Professor, Associate Professor of the Department of Criminal Process of National Academy of Internal Affairs (Kyiv, Ukraine).

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