of July 2, 2004 No. 13
About practice of application by courts of the legislation which provides the rights of victims of crimes
The constitution of Ukraine provides obligation of the state to approve and provide the rights and freedoms of each person. With respect thereto the importance acquires exact and identical application of regulations of the criminal procedure legislation by courts which determine the rights of victims of crimes.
For the purpose of providing the constitutional and procedural guarantees of the rights of victims in criminal trial and in connection with the questions which arose in court practice, the Plenum of the Supreme Court of Ukraine DECIDES:
1. Draw the attention of courts that consecutive and steady observance at all stages of criminal trial of regulations of the criminal procedure legislation of Ukraine which provide the rights of victims of crimes is one of important conditions of implementation of the right of citizens to judicial protection against illegal encroachments affirmed by Art. 55 of the Constitution of Ukraine.
2. According to the p. 2 of Art. 49 of the Code of penal procedure of Ukraine (further - the Code of Criminal Procedure) person to whom the crime causes moral, physical or property damage acquires the rights of the participant of process provided by the law only after recognition it by the victim. Recognition of person by the victim on case or refusal in it shall be drawn procedurally up by the resolution of body of inquiry, the investigator, prosecutor, judge or determination of court.
Resolving issue of recognition of person by the victim, the judge or court shall find out what specifically the damage is caused to it by crime (moral, physical or property) and to specify it in the resolution or determination.
On the case of incomplete crime person is recognized to the victims on condition of the actual causing to it moral, physical or property damage.
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