Rape: criminal proceedings of private or public prosecution?

The article is devoted to the problematic issues of implementing provisions Council Europe Convention on preventing and combating violence against women domestic (Istanbul Convention) into criminal procedural legislation Ukraine. It noted that norms law regulate social relations related resolution most dangerous conflicts. Legal are aimed at protecting rights, freedoms legitimate interests participants in these relations, which private public combined. This issue acutely manifested proceedings regarding offenses a person’s sexual freedom integrity, special type violence, including rape. In particular, problem definition border between public. immediate prerequisite for emergence mentioned was submission Verkhovna Rada Ukraine draft provides full implementation relevant Istanbul national after its ratification. authors proposed postpone under Part 1 Art. 152 (rape without aggravating circumstances), as well 153 (sexual violence) Criminal Code from category prosecution proceedings. analyzes this proposal point view consistency with other Convention, fundamentally important Attention drawn contradiction set out constitutional rights person collection, storage, use distribution confidential information about him, subjecting him medical, scientific or experiments his free consent. Arguments given occurrence significant obstacles pre-trial investigation court cases submitting statement (complaint) victim.