PROVISION OF PROFESSIONAL LEGAL ASSISTANCE TO A ROAD ACCIDENT VICTIM IN CRIMINAL PROCEEDINGS: LEGAL AND ORGANIZATIONAL-TACTICAL PRINCIPLES

Abstract

Today, among the most extensive phenomena posing a direct threat to human life and health –
the highest social values – are criminal road accidents, alongside other risk factors. Current realities demonstrate
that the number of fatalities and injuries resulting from road accidents is practically comparable to the number of
victims of armed conflict. Legislative inadequacies in providing professional legal assistance to victims hinder road
accident victims and their families from defending their rights and lawful interests, seeking just punishment for those
responsible, and obtaining rightful compensation. At the same time, the lack of scientifically grounded methodologies
on the actions of a representative of a road accident victim in criminal proceedings results in the limited effectiveness
of such assistance. Thus, measures are needed to improve the procedural status of the road accident victim and their
representative, enhance the quality of criminal procedural legislation, and increase the effectiveness of the criminal
procedural activities of the victim’s legal representative. The primary research methods employed include:
a systematicstructural approach to define the content of the studied categories and legal phenomena, develop
a conceptual framework, and determine the scope of the attorney’s representation activities for road accident victims
in criminal proceedings; a comprehensive study of the legal regulation and practices of investigators, prosecutors,
victims, their representatives, and defense parties in criminal cases involving road traffic safety and transportation
offenses, as well as the criminal and civil liability of those responsible for criminal road accidents; a comparative legal
method to analyze international law norms, the laws of selected foreign countries, national legislation, and subordinate
legal acts, which form the legal basis for victim representation in criminal cases initiated due to road accidents;
modeling to develop a sequence of actions for a road accident victim’s representative at different stages and phases
of criminal proceedings; and sociological methods, including surveys and interviews with attorneys, investigators,
and prosecutors, as well as the collection of empirical data through observation.The study, based on contemporary
advancements in criminal and civil law and procedure theory, forensic science, and an analysis of both national and
international experiences in law enforcement and human rights protection, has developed theoretical,
organizational-legal, and tactical foundations for representing a road accident victim in criminal proceedings.
The practical significance of the results lies in their potential application for improving existing legislation and
serving as a basis for methodologies and algorithms to provide professional legal assistance to road accident
victims in criminal proceedings.