The problems of normative entrenchment of the rights and duties of the injured party as a party to a criminal trial on the part of prosecution

The complex of procedural possibilities vested in the participants of criminal procedure including the injured party shall be stipulated by public needs and the need to realize their legal interests. The society is interested in the protection of its members' rights; not a single violation of criminal law known to the state bodies should be neglected by the state, public, the injured party and an individual. Public is interested in the right application of criminal law norms to the criminals and all participants of legal relations i.e. the right to judicial protection and access to justice. The injured party is interested in restoration of his/her rights, in finding the criminal, in compensation damages, in guaranteeing security for him/her and his/her family members in the course of preliminary investigation and trial. Criminal prosecution of offenders shall be exercised by specially empowered bodies and officials except the cases provided in law. The injured party must testify on the circumstances of the inflicted harm, its character and size and this corresponds to public interests in investigation of crimes. The absence of the injured party's right to be informed about a plea bargain, its conditions and consequences does not meet both personal and public interests. The range of acts to be undertaken by the accused (suspect) shall be supplemented by his/her obligation to pay the injured party the compensation or to make up losses for the inflicted property damage. However, the injured party must not have the right to influence the possibility of taking a plea bargain. Having a limited access to the information necessary for advocating the interests, the injured party cannot realize his/her right to access to justice in full. Taking into account a protective character of criminal procedure, the right to be informed is not only the right to know about the procedural possibilities but the right to know the content of these possibilities. The right of the injured party to receive a monetary compensation for property damages from budget funds in cases when the convict has no property to compensate the damages caused by crime corresponds to legal interests of the injured party and does not conflict with public interests. The access of the injured party to justice is guaranteed by securing the right to a professional legal aid. In the interests of justice, the injured party shall have a lawyer- his/her representative with payment from the federal budget.

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