До питання забезпечення безпеки свідків у кримінальному провадженні

Abstract

Abstract. The legal status of a witness in criminal proceedings entails a set of rights and obligations, which are intended to ensure their cooperation with judicial authorities to fulfill the objectives of criminal justice. Security measures for witnesses (physical protection, confidentiality, etc.) must guarantee the provision of testimony without fear for their own life or the lives of their loved ones, as well as prevent potential pressure or physical harm from criminals or other interested parties. Based on the research, it has been established that such measures are the implementation of legal, organizational-technical, and other actions by law enforcement agencies, aimed at protecting the life, health, residence, and property of these individuals from unlawful threats, to create the necessary conditions for the proper administration of justice. The article points out that the mechanisms for ensuring the safety of participants in criminal proceedings in Ukraine do not significantly differ from European standards in this area. However, the current situation does not allow for full compliance with these standards. It is noted that Law No. 3782-XII, which defines the grounds for applying security measures, uses evaluative categories that are tied to the legality of their application and compliance with procedural form. According to part 1 of Article 20 of this law, security measures for individuals, including witnesses, are taken based on information indicating a real threat to their life, health, residence, or property. In this context, it is revealed that an incorrect assessment by an investigator, prosecutor, or judge regarding the existence of a real threat may result in the cancellation of decisions by investigative judges to deny the application of security measures. Considering the current situation and Ukraine's path toward European integration, and recognizing the importance of implementing security measures for individuals involved in criminal justice, the authors assert that there is an urgent need to improve the existing security mechanism and to integrate positive international experience into Ukraine's national legislation. This includes the development of effective legal instruments for witnesses of war crimes and other international offenses. Keywords: witness; witness protection; witness institution; criminal law; criminal procedure; criminal proceedings; security measures for individuals involved in criminal proceedings; witness security mechanism.