Abstract
The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of participants in criminal proceedings. In law enforcement practice, there are problems of initiating criminal cases of this category and their subsequent investigation. The subject of evidence in a criminal case instituted on the grounds of corpus delicti provided for in Article 311 of the Criminal Code of the Russian Federation includes a body of information of a different nature. It is specific to the problem of delimiting the characteristics of Article 311 of the Criminal Code of the Russian Federation from the signs contained in Article 310 of the Criminal Code of the Russian Federation. In addition, at the stage of criminal proceedings, the absence of an administratively punishable misconduct should be determined. Among the criminal procedural measures to counteract the disclosure of information about security measures, it is necessary to single out, first of all, a warning to participants in criminal proceedings to prevent the disclosure of information on security measures, by analogy to Article 161 of the Code of Criminal Procedure of the Russian Federation. The article substantiates the need to highlight a new Art. 161.1 of the Code of Criminal Procedure of the Russian Federation “Inadmissibility of disclosure of data on security measures for participants in criminal proceedings” and the author's version of this rule is proposed. In addition, an analysis of other criminal procedural means of counteracting the disclosure of this property is presented.
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