АНАЛІЗ ПОЛОЖЕНЬ ПРОЄКТУ ЗАКОНУ УКРАЇНИ «ПРО ЗАБЕЗПЕЧЕННЯ БЕЗПЕКИ УЧАСНИКІВ КРИМІНАЛЬНОГО СУДОЧИНСТВА ТА ІНШИХ ОСІБ В ІНТЕРЕСАХ ПРАВОСУДДЯ»

Abstract

The article is devoted to the analysis of the Draft Law "On Ensuring the Safety of Participants in Criminal Proceedings and Other Persons in the Interests of Justice". The system of current legislation in the field of security of persons involved in criminal proceedings is outdated and does not provide the necessary conditions for the proper administration of justice. It is established that the current legislation in the field of protection of participants in criminal proceedings is unreformed, has many gaps and is ineffective. It was stated that participants in criminal proceedings (witnesses and victims) who are in real danger often refuse to testify and cooperate with the investigator, as they believe that the state cannot protect them from the unlawful influence of persons involved in criminal proceedings. As a result of the refusal of witnesses and victims to testify and cooperate with the investigation, the perpetrators remain unpunished. On the positive side of the draft law is the proposal to establish a new specially authorized body - the National Agency for Security of Criminal Proceedings, as in the event of a high level of threat to certain participants in criminal proceedings, their rights and freedoms, life and health must be preserved. It was found that the Draft Law does not provide for the specifics of ensuring the safety of juvenile participants in criminal proceedings, which significantly violates the rights of this vulnerable category of persons. Based on the understanding of the list of persons entitled to the application of security measures proposed in Part 1 of Art. 6 of the draft Law, it can be understood that the legislator provided for the possibility of taking under the protection of a minor, in one form or another, but unfortunately bypassed the attention of their parents and legal representatives. In view of the above and taking into account the concept of "best interests of the child", it is proposed to expand the list of persons subject to protection and add a legal representative of a minor. There have also been a number of other proposals to improve the situation of juveniles who are being protected by the state for giving incriminating testimony. It is concluded that the bill needs to improve and maximize its efficiency and effectiveness of its rules.