Enforcement of the right to fair trial and the right of the victim to security and privacy: Search for balance

The article examines the problem of finding an equitable balance between the right of the accused and the society to a fair trial and ensuring the victim's safety and privacy as well as the problem of creating such a regulation that would exclude the possibility of systemic abuse of the relevant rights. It is justified that the guarantee of the realisation of the constitutional right to judicial protection (through the administration of justice or judicial control) can be considered as a criterion for achieving such a balance. The balance is reached if the accused has a guarantee that he or she can exercise the right to judicial protection through the administration of justice, while the victim has the right to security and privacy, including that secured by the restricted elements of the right of the accused to a fair trial. However, such a restriction can only take place as a result of judicial control, during the need for such a restriction, its form and limits, as well as the means to compensate for such restriction will be considered. Judicial control over the restriction of the constitutional rights of participants in criminal proceedings is a court activity, which may take the form of more or less close to justice (for example, the court decision on taking into custody) or in forms not similar to justice at all (giving consent for control and recording of negotiations). The legal regulation of these forms of protection of the victim's rights is analysed in terms of the right of the accused to a fair trial. The author proposes amendments to the current criminal procedure legislation aimed at creating a balance between the right of the accused and society to a fair trial and ensuring the safety and privacy of the victim.

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