THE INSTITUTION FOR THE USAGE OF SPECIAL KNOWLEDGE IN CRIMINAL PROCEEDING AS THE TOOL FOR THE ACTIVITY OF THE VICTIM OF THE TRAFFIC ACCIDENT’S REPRESENTATIVE AT THE STAGE OF PRE-TRIAL INVESTIGATION

Abstract

Abstract. The purpose of this study is to develop principles of the victim of the traffic accident’s representative
influence on the usage of the special knowledge of experts and specialists in criminal proceedings, as well as to make
proposals for improving the current legislation in its, corresponding to this case, part. To achieve the abovementioned
goal the following tasks have been set: to determine the general legal problems of the victim of the traffic accident’s
representative influence on the usage of special knowledge in criminal proceedings and to propose directions for
solving these problems; to outline the range of tasks which can be solved with the help of specific examinations by the
representative of the victim of the traffic accident; to determine typical situations in which the representative of the
traffic accident’s victim needs to be active in the questions conserning organization of the specialists’ involvement and
the examinations’ appointment; to offer a list and a sequence of possible actions of the victim of the traffic accident’s
representative in the abovementioned situations; to develop the basics of the specified actions’ tactics. Methodology.
The systematic analysis of the current legislation’s norms and legal positions of the Supreme Court in combination
with the results of studying of 200 criminal proceedings of the studied category, surveying 200 investigators and
200 lawyers was applied in the process of the research. The scientific novelty of the conducted research lies in the
fact that the author formulated the principles of the victim of the traffic accident’s representative activity with regard
to the influence on the organization of the usage of special knowledge in criminal proceedings at the stage of
pretrial investigation. It was established that at the stage of pre-trial investigation, the victims of the traffic accidents’
representatives have not got possibilities to influence the process of using special knowledge in criminal proceedings
in order to fulfill their tasks properly, which is grounded by the gaps in the criminal procedural law. Therefore, the
legal regulation of the institution of the usage of special knowledge in criminal proceedings is to be the subject of
improvement by making additions to Part 2 and Part 3 of Art. 71, Part 1 of Art. 242, Part 1 of Art. 243, part 1 and 2 of
art. 244 of the Criminal Procedural Code of Ukraine. It is advisable to predict in these norms the rights of the victim
(equal in scope and content with the rights of the defense party) as to the involvement of specialists and conducting
examinations. Before introducing such changes, the victim of the traffic accident’s representative should rely on the
basics of the methodology and tactics of actions proposed in this scientific article.