Content of the interests representation of a legal entity that is a victim in criminal proceedings
The article determines that the content of legal relations regarding representation of legal entities in criminal proceedings is determined by the powers of a representative which are determined by his/her procedural position. It is established that criminal procedure legislation provides a represen...
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| Main Author: | |
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| Format: | Article |
| Language: | Ukrainian |
| Published: |
Kharkiv National University of Internal Affairs
2025-04-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
| Subjects: | |
| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/869 |
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| Summary: | The article determines that the content of legal relations regarding representation of legal entities in criminal proceedings is determined by the powers of a representative which are determined by his/her procedural position. It is established that criminal procedure legislation provides a representative with a certain scope of rights and obligations which he/she exercises on behalf of and in the interests of a legal entity. The powers of a representative may be established by the charter, other regulatory acts of a legal entity, a power of attorney or an agreement. The subjects of representation of a legal entity in criminal proceedings are: a person who has the right to act as a defence counsel in criminal proceedings on the basis of a certificate of the right to practice law or an order or agreement for the provision of legal aid; the head of a legal entity or another person authorised by law or constituent documents, whose powers are certified by a copy of the constituent documents of the legal entity; an employee of a legal entity that is a victim acting on the basis of a power of attorney. As for each entity involved as a representative of a legal entity, it must, of course, meet certain criteria, among which the basic ones are the attainment of majority and legal capacity.
The article establishes that the object of representation in criminal proceedings is the activity of a legal entity's representative aimed at protecting its rights and legitimate interests as a party to the proceedings, as well as restoring material rights and interests which have been damaged due to a criminal offence. Procedural activities include filing a criminal complaint, submitting documents by the representative certifying his or her powers, and participating in investigative (search) and procedural actions. The victim's representative may carry out search and analytical activities in the course of representation. Advisory and controlling activities involve providing advice to clients, for example, a lawyer to the head of a legal entity. |
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| ISSN: | 1999-5717 2617-278X |