STATUS OF A PARTICIPANT IN A CRIMINAL CASE AS A CONDITION FOR THE ENFORCEMENT OF THE RIGHT TO PETITION AND CLAIM
The enforcement of the right to petition and claim in criminal proceedings is based on the procedural status of the party to a legal process. Blurred status does not allow to realize both procedural and material interest in a criminal case. The current Code of Criminal Procedure presupposes, in relation to many participants in the process, an "extra-status" method of granting them the respective rights, which does not presupposes a full-fledged and free regulation of the activity of exercising the right to petition and claim. In this regard, the author concludes that it is unacceptable to replace a particular procedural status of a person by granting him an arbitrary amount of rights. Status as the basis of the right to petition and claim should accomodate rights and obligations, as well as the time of its acquisition and loss. The author notes that the variety of forms of interest in a criminal case does not limit the reference to specific subjects who have the right to petition and claim. The right of "other persons" to the petition and claim is necessary, but granting it within the specified framework cannot substitute for the need to fully determine the status of a person.