Victim-Oriented Approach in Representative Activities Lawyer (Legal, Organizational-Tactical and Psychological Principles)

Abstract

The article emphasizes that the victim-centered approach should now be included in international human rights and justice activities standards. A lawyer involved in criminal proceedings as a victim's representative must also act according to the requirements of international legal acts and provisions of criminal procedural law. It is found that a lawyer involved as a representative acts on behalf of the victim, and therefore forms the strategy of his/her representative activities, legal position, and other important aspects of his/her activities taking into account the interests of the victim and the circumstances of the case. It is determined that the principles of the victim’s representative’s activities in implementing the victim-centered approach consist of three principles: legal, organizational-tactical, and psychological. The legal principles are proposed to include: 1) the principle of ensuring the interests of the client (which includes the principle of informed consent); 2) the inadmissibility of a conflict of interests between the victim and his representative; 3) confidentiality. Organizational and tactical principles are a personified set of recommendations for determining the algorithms of procedural actions and measures in which the victim will participate, collecting evidence, and applying security measures. They are determined by the event of the criminal offense, the situation in which the investigation is being conducted, etc. Psychological principles aim to prevent the victim from experiencing negative previous experiences, i.e. traumatization, the use of a sensitive approach, rules of barrier-free communication, etc. Compliance with the outlined approaches to the interaction of the lawyer with the victim will contribute to the implementation of a victim-oriented approach and the achievement of the goals of criminal proceedings. It is emphasized that the prospects for further research are to develop recommendations for the implementation of a victim-centered approach in the activities of all bodies involved in the implementation and provision of justice.