Шляхи вирішення проблеми запобігання кримінальним правопорушенням щодо окремих учасників кримінальних проваджень в Україні

Abstract

The article is devoted to ways of solving the problem of prevention of criminal offenses in Ukraine regarding individual participants in criminal proceedings, in particular, witnesses and victims in the context of ensuring their safety in criminal proceedings. Based on the study of foreign experience in solving this problem in criminal proceedings, it was established that the key features of the procedural status of witnesses and victims, which distinguish them from other participants in criminal proceedings, in particular, the suspect, the accused, are the presence, respectively, of a statutory duty or right to provide independent impartial testimony on the merits of criminal proceedings, as well as the obligation to provide truthful testimony. However, such statutory obligations of the specified participants in criminal proceedings must be confirmed by appropriate guarantees of their safety from the legislator. Their essence as subjects of the criminal process, who are carriers of evidentiary information, emerges from a theoretical study of the scientific positions of individual scientists regarding the purpose and grounds of protection and ensuring their safety, as well as an analysis of the norms of criminal and criminal procedural legislation in force in Ukraine, which are designed to implement ways prevention of the possibility of committing criminal offenses against the witness and the victim in the context of ensuring their protection and safety in criminal proceedings. An analysis of the positive for Ukraine experience of some foreign states in building a system of protection and ensuring the safety of the mentioned participants in the process in order to prevent criminal offenses against them is also presented. The use of international experience is invaluable for the urgent need to improve the institution of prevention of criminal offenses against participants in criminal proceedings in Ukraine. After all, today in Ukraine there is an urgent need to develop an effective system of protection and protection of analyzed participants in criminal proceedings, given the lack of a mechanism for implementing the relevant legislation.