Some Questions of the Legal Nature of the Private Prosecution Institute in Criminal Proceedings

The article explains the thesis concerning the heterogeneity of the properties that characterize the institution of private prosecution in criminal proceedings. In particular, along with the procedure characteristics of the phenomenon (i.e., its criminal procedure characteristics), it is proposed to allocate characteristics that explain the reasons for the existence of this phenomenon. Thus, the subject of this article is description of the latter, with the innovations of the Criminal Procedure Code of 2012, law enforcement and the results of the author`s sociological research. Such characteristics of the reasons of the institute private prosecution in the criminal procedure law were isolated and described as (a) infringement on personal rights specific person; (b) the need to consider the a victim`s opinion; (c) special relations of a private nature between the victim and the offender; (d) the disproportion of harm that caused by crime with the damage that can cause government intervention against the will of the victim. The author also expresses the opinion on the differences of the legal nature of the crimes which are considered to be cases of private accusation accoriding to the different paragraphs of part 1, chapter 477, Criminal Procedure Code of Ukraine. Based upon the sociological study results, an opinion about forms of harm that can cause state intervention in the affairs of private prosecution against the will of the victim is represented. An overview of the literature which reveiws the procedure characteristics of private prosecution institute in criminal proceedings is also hrovided.