Annotation

The article is devoted to the study of the problems encountered by private prosecutors on the path to justice. It is noted that at present the state in fact does not participate in any way in assisting a citizen when a crime of private prosecution has been committed against him. Measures must be taken so that the adversarial nature of proceedings in cases of private prosecution is not declaratory but actually feasible. To achieve these goals, it is necessary to secure for the private prosecutor the right to receive free legal assistance, that is, the same right that is held by the person against whom the application has been filed. Conditions must be created for the private prosecutor that allow him to count on the assistance of the state in exercising his right to hold criminally liable the person who committed a crime against him. The private prosecutor is not a subject of proof and is in fact deprived of the possibility of independently obtaining evidence. As a result of the conducted research, the authors conclude that the private prosecutor must be given maximum assistance by state law-enforcement bodies at the initial stage for the exercise of his right to apply to court. Such assistance may be provided within the framework of the mandatory check in accordance with Articles 144–145 of the Criminal Procedure Code of the Russian Federation, during which an initial collection of material will be carried out and a legally flawless application for holding the guilty person criminally liable will be drawn up. In addition, in the course of this, conditions will be created for the seizure and preservation of items and evidence by officials of law-enforcement bodies vested with the relevant powers.