REPRESENTATIVE OF A CIVIL PLAINTIFF AND DEFENDANT IN CRIMINAL PROCEEDINGS: THE ISSUE OF BALANCE OF RIGHTS ENFORCEMENT

Authors

  • S.E. ABLAMSKYI Kharkiv National University of Internal Affairs, Kharkiv, Ukraine , Харківський національний університет внутрішніх справ, м. Харків

DOI:

https://doi.org/10.32631/vca.2024.1.47

Keywords:

civil lawsuit, compensation for damages, civil defendant, representative of a civil plaintiff and defendant, defence counsel, legal aid

Abstract

The scientific research is aimed at highlighting the theoretical and legal
issues of a civil plaintiff's and a civil defendant's representative participation in
criminal proceedings. The emphasis is placed on the peculiarity of legislative
regulation of filing a civil lawsuit in criminal proceedings, namely, partial
regulation of this procedure by the rules of civil procedure legislation and
similarity of the legal relations subject matter. This situation prompts a
comparative analysis of the civil and criminal procedural laws in terms of
participation of a representative of a civil plaintiff and defendant. It has been
established that criminal procedural legislation, as compared to civil procedural
legislation, significantly narrows the list of persons who may be representatives
of a civil plaintiff and a defendant. It is proposed to expand the list of persons who
may be representatives of a civil plaintiff and defendant.

Downloads

Download data is not yet available.

Published

2024-05-01

How to Cite

REPRESENTATIVE OF A CIVIL PLAINTIFF AND DEFENDANT IN CRIMINAL PROCEEDINGS: THE ISSUE OF BALANCE OF RIGHTS ENFORCEMENT. (2024). Bulletin of Criminological Association of Ukraine, 31(1), 540-551. https://doi.org/10.32631/vca.2024.1.47