VICTIM UNDER SENTENCE EXECUTION: THE PROBLEMS OF PARTICIPATION
the victim from committing crimes is the potentially major participant in all stages of criminal proceedings, as the prosecution is initially made as on his behalf. However, the participation of the victim in the process of the sentence execution is hardly really implemented in practice. To distinguish between criminal procedure and penal regulation it is offered to divide the whole process of execution into stages: initiation of production, preparation of cases for hearings and the trial. The first stage should be regulated in penal legislation, and the subsequent ones should be related to criminal procedure regulation. Meanwhile, the participation of the victim at the stage of initiation of proceedings is not provided at all. In 2013 Art. 399 of the Criminal Procedure Code was amended to allow the victim or his representative to participate in the hearing in deciding whether to parole convicted or to replace the rest part of the sentence with a milder punishment. However, these changes will not allow the victim to participate in solving many other problems in the stage of execution. The presence of the victims in dealing with the various issues at the stage of execution of the sentence (and not only the above two) may allow the court to assess the reaction of the convicted person to them, as well as contribute to a more objective assessment of the degree of correction of the convict. In accordance with Art. 399 of the Criminal Procedure Code, the victim (his legal representative) has a right to have access to the materials submitted to the court, to participate in their examination, petitions and objections, to provide explanations, submit documents. However, it remains unclear when, for example, the victim will study the materials submitted to the court. To exercise this right to the victim in a court session may be difficult, as in Chapter 47 of the Criminal Procedure Code of the Russian Federation the suspension of consideration at the stage of execution is not provided. In Art. 78, 175 and others of the Criminal Executive Code nothing is said about the victims acquaintance with the materials sent to the court. In this case, it may be difficult for the victim to determine the stage of execution with their own positions on specific issues that are addressed in relation to the convicted person. So, the presence of unrealized potential is obvious, which allows not only to strengthen the role of the victim in the process of execution, but also to specify its legal status in various stages of execution stage.