THE RELATIONSHIP OF THE CONCEPT OF «VICTIM» WITH RELATED TERMS («VICTIM OF A CRIMINAL OFFENSE», «VICTIM AS PARTI2CIPANT IN CRIMINAL PROCEEDINGS», «VICTIM»)

Abstract

Annotation. This scientific article is devoted to the analysis of the relationship between the concept of "victim" and related terms found in the current criminal legislation, to describe the subject who, as a result of a criminal offense, suffered a certain type of damage (physical, material, moral). Special attention is focused on studying the relationship of these terms, their differences and common aspects.
It has been established that in the legal literature there are different views of scientists on the relationship of the studied concepts. With the help of current legislation and scientific works, the meaning of the terms "victim", "injured", "prey", "victim of a crime" and "victim in a criminal process" was investigated. A study of the semantics of the word "victim" shows that it is meaningfully identical and synonymous with the word "injured". A victim in criminal proceedings is a natural person to whom moral, physical or property damage was caused by a criminal offense, a legal entity to whom property damage was caused by a criminal offense. The victim of a crime can suffer other types of damage: political, organizational, social, etc.
It was determined that the crime and the victim are interconnected concepts from different aspects. It was established that the victim has an important criminal-legal significance for the qualification of criminal offenses and the imposition of punishment.
It was established that not every person who acted as a victim in a criminal trial is a victim of a crime. The analysis of these two concepts made it possible to conclude that they have different content and scope. In a criminal trial, only a person should be recognized as a victim for whom there is sufficient evidence proving that his goods, rights or interests protected by the criminal law were harmed as a result of the crime. It was established that the concept of a victim is broader in meaning than the concept of a victim in a criminal process. The victim in the legal dimension acquires his status as a result of a criminal attack on him by a criminal, and such an attack caused moral, physical or property damage.
The victim of a crime may not be a participant in the criminal process and may not be recognized as such in accordance with criminal procedural legislation. As a victim, in the broadest sense of the word, informal and, especially, formal social groups can also be considered: family and work team, collective interests that were directly affected by the crime (theft, damage or destruction of property, etc.). Thus, the concept of a victim is broader in meaning than the concept of a victim in a criminal process. The concept of "victim of a crime" covers not only subjects protected by the criminal law, whose rights or interests were violated in the event of a crime, but also other subjects for which the negative consequences of the crime have occurred.
This scientific article highlights important aspects of the relationship between the concept of "victim" and related terms, exploring their differences and common features. It serves as a valuable source of information for lawyers, researchers and persons interested in the issues of the rights of victims and victims of criminal offenses.

Keywords: criminal law, criminal process, victim, enjured, criminal offense, prey, criminal proceedings.