Procedural status of the applicant and the victim at the stage of excitation of criminal case

This paper presents a study of the procedural status of the applicant and the victim at the stage of excitation of criminal case. According to the results of the survey indicated that a mandatory reason for initiation of private-public prosecution is the statement of the victim or his legal representative. The term "victim"as used in h 3 tbsp. 147 of the code, inaccurate and has a criminal law sense, because in the procedure is the victim appears only after the criminal case. Thus the statement of the victim (his legal representative) is considered not only a message about the crime, but also as an act expressing its legal position. Therefore, the statement should be clearly reflected the desire of the applicant to bring the perpetrators to justice. For example, an application on bringing to administrative responsibility should not be regarded as a prima facie case of private-public prosecution. It is not clear why the legislator did not consider in Chapter 20 of the code of criminal procedure the initiation of cases of private prosecution, because this Chapter is regulated by the criminal cases of public prosecution (article 146), and criminal cases of private-public prosecution (article 147). Excitation cases of private prosecution for no apparent reason outside of this production and is determined separately (including 1 item 20, item 318, 319 of the code of criminal procedure).