Criminal proceedings private prosecution is carried out not by the investigator or prosecutor, but by the victim or his relatives. For this, the latter constitute an appropriate appeal. The burden of proving the guilt of the attacker in court thus lies with the victim or his representatives, including lawyers. Let us further examine in detail how private prosecution cases are dealt with. 
Specificity
According to the Code of Criminal Procedure, private prosecution cases are opened only with the appropriate appeal of the victim or his representatives. At the same time, it is worth noting that the production can also end with the reconciliation of the parties to the dispute. Private prosecution cases are opened under the following articles:
- "Deliberate infliction of slight damage to health" (115 article of the Criminal Code).
- “Beatings” (Article 116).
- “Slander” in the absence of aggravating circumstances (the first part of Article 129 of the Criminal Code).
- “Insult” (Article 130).
These are criminal cases of private prosecution, which can be opened at the request of the victim and must be terminated in case of reconciliation of the parties. The law allows the victim to decide for himself how serious the offender’s act was, how deeply his interests are affected. This participant in the process also determines the degree of damage done to him. The victim himself decides whether he wants to start a private prosecution case. The sample application requires a clear statement of the victim’s position, the justification of the claims made with reference to the regulations.
Key features
Private prosecution cases have the following distinguishing features:
- An allegation of an infringement to protect one’s interests may be made exclusively by the victim or his representatives.
- Such a statement is considered official. It is done before the authorized body - the court, the competence of which includes the consideration of such a complaint.
- The crime is included in the list of cases in which criminal prosecution is at the discretion of the victims.
These signs constitute the substantive aspect of the category in question. The distinctive features of the procedural nature include:
- Private prosecution acts as a special form of activity with specific procedures for initiating proceedings and upholding arguments in court.
- The complaint of the victim acts as the basis for bringing the criminal to justice.
Activities affected
It represents the performance of the functions of the prosecution. It contains traits that are not characteristic of crimes considered in the general procedure of legal proceedings. Regardless of the specifics of the process itself, the tasks of the accused are reduced to providing his own protection from the claims expressed in the statement of the victim. The activities of the victims as a whole can be considered in various aspects. However, if the view on the procedure of exposing the attacker as a procedural task, which is separated from the defense and resolution of the proceedings, is examined and discussed, and the specific object that arises between the parties acts as the main object of attention, then the victim undoubtedly refers to the prosecutor.
Application of norms
A statement in a criminal case of a private prosecution submitted to a judicial or law enforcement agency authorized to prosecute must be regarded as the function of exposing an attacker. The complaint directed to these instances involves the establishment of the guilt of the offender, the determination of punishment. The correct application of the law in any private prosecution case covered by Art. 130, part of the first 129th article, Art. 116, 115 of the Criminal Code, not only focused on ensuring the protection of constitutional rights and interests of citizens, educating them with respect for the rules of conduct and regulatory requirements. It contributes to the elimination of disputes arising on personal soil, the prevention in some cases of more serious acts related to them. 
Public-Public Prosecution Cases
These include crimes provided for in the first parts of the articles:
- 147 - "Infringement of patent and inventive rights".
- 131 - “Rape” in the absence of aggravating circumstances.
- 146 - "Violation of Related and Copyright".
Criminal cases of public-private prosecution are also opened on the complaint of the injured party. However, unlike the proceedings discussed above, they do not stop when the parties are reconciled. The procedures for them are carried out in accordance with the general procedure, according to part two of the 27th article of the CPC. This determines their name.
The subjective side of the process
Criminal cases of a private prosecution without fail require the presence of a victim. It may be a person who has been caused or could have been inflicted (if the act was not completed) property, bodily or moral damage as a crime. The legislation connects the beginning of the prosecution with the receipt of a complaint from the victim because in the absence of a subjective assessment of the citizen against whom there was an assault, it is often impossible to get an idea of the severity and nature of the damage that has occurred or is likely to occur. In addition, it must be borne in mind that the victim, in order to avoid making the incident public, repeated alleged calls to the court or to the investigator, may prefer not to send a statement to institute a private prosecution. Accordingly, it is not possible to initiate proceedings and investigations without receiving a complaint. For example, this situation is typical of crimes provided for in the first part of the 131st article of the Criminal Code. 
Important point
The prosecution of a private prosecution is carried out only by authorized bodies. This means that the complaint must be directed to the appropriate authorities. It should contain not only information about what happened. The complaint, in fact, is a direct request to bring the perpetrator to justice.
Court action
Having accepted the statement in the case of a private prosecution, the authorized instance is obliged to carry out its verification. First of all, the presence of a reason to start production is established. For example, if a crime is filed solely at the request of the victim, the complaint is received from his relatives, then it will not be considered. Such a communication, in accordance with the law, cannot replace a complaint directly from the victim himself.
Reconciliation
Before initiating proceedings, the judge must take all feasible measures to peacefully resolve the conflict that arose between the victim and the person to whom claims are made. These include a conversation with the applicant and the citizen in respect of whom the complaint has been drawn up. In the course of communication, the court explains to the parties to the conflict the possibility of reconciliation. It is necessary to distinguish this procedure from the rejection of the complaint. Reconciliation should be carried out without the commission of vigorous action by the court, which in any way may persuade the parties to settle the conflict.
Only the voluntary actions of the parties to the dispute will have legal consequences.If reconciliation could not be achieved, the judge, if there is a sufficient amount of grounds, makes a decision to start the proceedings on the case and sets a meeting. From the moment of adoption of this act, the subject to which the victim claims and whom he asks to be brought to justice becomes the defendant. He is handed a copy of the complaint received from the victim. The consideration of the case at the hearing may be carried out no earlier than three days after the receipt of the specified document by the defendants. The court may also refuse to complain to the victim. In this case, the authorized authority shall also issue an appropriate decision. It is awarded to the victim. In turn, he can appeal the document to a higher court. 
Additionally
In case of detection bodies of inquiry or the consequences of complaints received by them, evidence of the elements of the acts covered by Articles 130, 116, 115, as well as part 1 of Article 129 of the Criminal Code, such communications must be redirected to the court in accordance with the procedure established by Art. 114 Code of Criminal Procedure. A counterclaim may also be submitted to the first instance on behalf of a person in respect of whom the question of bringing him to responsibility has been raised in the victim’s appeal.
According to Art. 109, Part 5, the judge may combine these complaints in one proceeding and consider them together. Due to the fact that both parties simultaneously in the process act as the defendant and the victim, the authorized instance ensures that they have the procedural rights provided for in the law. In the cases established by paragraphs 1 and 4 of Article 27 of the Code of Criminal Procedure, the victim implements all the possibilities of the party, including those related to personal participation in the meeting or involvement of his representative. This right is retained even when the victim acts as a civil plaintiff.
Exceptional Cases
If the case of a crime provided for in articles 116, 115, 130, in the first part of 129, 147, 146 of the articles of the Criminal Code, has special social significance, or if the victim of the specified acts or proceedings under art. 131 part 1 of the CPC due to dependence on the guilty person, his helpless position or due to some other circumstances, he cannot protect his legitimate interests, the prosecutor can initiate the process in the absence of a complaint. In such cases, the official shall issue an appropriate decision. In it, he is obliged to give motives testifying to the special social significance of the case.
For example, a crime is committed with special cynicism, insolence. Special circumstances may be related to the identity of the victim. The case, which is initiated by the prosecutor, is sent to the authorities preliminary investigation. At the end of the inquiry or investigation, the materials are considered in court in a general manner. Cases brought by the prosecutor shall not be terminated upon conciliation of the parties. 
Judicial sitting
Direct review is carried out in accordance with the general procedural rules, but with a number of features. As part of a private prosecution, the defendant and the victim are explained their rights, including reconciliation until the court is removed to order the verdict in the deliberation room. If it has taken place, the hearing is terminated. If a public prosecution case has been started, and in the course of an investigation or trial in court it becomes clear that the committed act falls under Art. 130, part 1, article 129, 116 or 115 of the Criminal Code, the procedure continues in the manner prescribed for such crimes, provided that the victim declares a desire to support the claims against the defendant and bring him to justice.
Special situation
When considering a criminal case instituted in accordance with a complaint by a victim who requested that a person be held accountable for attempted rape, the court may establish that the subject of the crime refused to commit the act, however, light damage to the victim’s health was inflicted. Under such circumstances, the perpetrator must be punished under Art. 115 of the Criminal Code. In this case, the legislation does not require the preparation of an additional appeal from the victim to hold the attacker accountable under the rules of private prosecution.In such a situation, the initial message is of key importance, in which the victim insists on imputing punishment to the subject.
The absence of the victim
The victim may not be able to attend the hearing for a good reason. In such cases, the meeting is adjourned. If he failed to appear for a disrespectful reason (if a preliminary investigation or inquiry was not conducted in the case), the proceedings shall be terminated. In this case, the defendant has the right to submit a motion in which he may ask the court to consider the materials on the merits and in the absence of the victim. In this case, the authorized authority should assess the possibility of clarifying all the circumstances, as well as protect the legitimate interests and rights of the victim. 
Conclusion
In order to ensure the protection of the interests and rights of the victim, in a number of cases, the courts were recommended in the presence of the press, recognizing the guilt of the defendant, together with the verdict, to adopt a private ruling during the consideration of crimes of insult degrading the dignity and honor of a citizen. It should indicate the obligation of the relevant media representative to publish information that refutes information that discredited the victim. Moreover, the latter may require compensation for non-pecuniary damage.
