Formation and Essence of Representation Institution in Criminal Procedure of Ukraine

Abstract

This research is to define institution essence of victim representation in criminal proceedings, and to clarify peculiarities and historical stages of its formation in the territory of modern Ukraine. Based on research performed using historical and legal method, methods of analysis and synthesis, logical and structural, and dialectic, the author finds that institution establishment of victim representation, which was based on the principle of blood revenge, dates back to the times of Ukraine-Ruthenia. It is proved that principles of social justice contributed to the formation of foundations of detective activities which for a long time had the character of private activity. It is determined that professional bar in Ukraine emerged in the Polish-Lithuanian period under the influence of the Magdeburg Law and the Lithuanian Statutes; significant changes in the genesis of the bar and the institution of victim representation in Ukraine occurred in the XX century with the adoption of Criminal Procedural Code of Ukraine (1960) and Criminal Procedural Code of Ukraine (2012), the Laws of Ukraine “On the Bar” (1992) and “ On the Bar and Legal Practice” (2012) and some other acts. The author proposes that representation of victim’s interests in criminal proceedings should be understood as a form of legal practice which consists in providing the victim of a criminal offense with professional legal assistance to ensure his/her rights and legitimate interests during pre-trial investigation, court proceedings and procedural actions which may be carried out prior to the pre-trial investigation. The author argues that the focus of the victim’s representative’s activities is broadly determined by the tasks of criminal proceedings, and narrowly, by satisfaction of the victim’s interests in protection and restoration of his/her violated rights and compensation for damage.