Prospects for the implementation of the system of electronic criminal proceedings in Ukraine

The article deals with analyzing the state of the civil claim scientific research in criminal proceedings in Ukraine and summarizing it. It was determined the relevance of scientific rethinking of the phenomenological foundations of a civil claim in criminal proceedings. It is proved that the importance of the mechanism of criminal justice has the issue of legal support of the institute of civil claim, as an important component of guaranteeing and protecting the rights and freedoms of citizens. First of all, this is explained by the importance of a civil claim in criminal proceedings, its actual role that a civil claim plays in the justice system, ensuring the protection of the violated rights of citizens. On the basis of the state critical analysis of a civil claim legal support in criminal proceedings in Ukraine, it was determined its components and given their characteristics, which include: 1) the subjective component of the legal relations relating to civil claim in criminal proceedings in Ukraine; 2) the procedural issues of filing and considering a civil claim; 3) legal and technical requirements relating to the form and content of the civil claim. It was made and justified the provisions concerning the prospects of improving the civil claim mechanism functioning in criminal proceedings in Ukraine. Transformation of scientific understanding and practical perception of civil claim in criminal proceedings as a means of securing and protecting human rights and freedoms has been proved, on the basis of which the directions of improving the functioning of the said legal institute in Ukraine are distinguished, namely: 1) enhancing the role and importance of the European Court of Justice’ s activities human rights in extending his practice to litigation in criminal proceedings in Ukraine; 2) strengthening the mechanisms of human rights protection at the domestic (national) level in accordance with the requirements of international law, which are a component of civil claim in criminal proceedings; 3) improve the procedure for enforcement of the decisions of the national courts of Ukraine in the part related to civil claim in criminal proceedings, etc.

The article analyses the process of applying the European Court of Human Rights case law and the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 in criminal proceedings in Ukraine. The basic principles arising from the jurisprudence of the European Court of Human Rights and their impact on national legislation and court practice are investigated. Particular attention is paid to the issues of observance of the right to a fair trial, presumption of innocence, prohibition of torture and effective investigation of human rights violations. The key cases of the European Court of Human Rights against Ukraine, which have determined the directions of reforms in the field of criminal justice, are analysed. The problems of implementation of the European Court of Human Rights case law in the criminal justice system of Ukraine, in particular, the formal approach to the use of case law, the lack of an effective mechanism for the execution of judgments and insufficient training of law enforcement and law enforcement agencies are investigated. The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 1) the amendments to the Criminal Procedure Code of Ukraine to comply with European standards, in particular, with regard to the right to a fair trial, the presumption of innocence, protection against torture and unlawful detention, ill-treatment, etc.; 2) the development of recommendations to improve the training of judges, prosecutors, lawyers and pre-trial investigation bodies; 3) the strengthening of control over the observance of human rights, the reasonableness of the time limits during the pre-trial investigation, and fair and lawful trial; The following prospects for improving the application of the European Court of Human Rights case law in criminal proceedings in Ukraine are identified: 4) the improvement of procedures for verification, evaluation and examination of evidence in order to protect the defence from unlawful actions of the prosecution; 5) the introduction of mechanisms for the effective implementation of judgments of the European Court of Human Rights in individual cases; 6) the provision of adequate funding and resources to law enforcement and law enforcement agencies.

Introduction. The article is devoted to the interdisciplinary study of the Soviet and post-Soviet criminal proceedings in Ukraine. It is important, balancing between the past and the present, to focus on the retrospective view of historical experience, as well as the strategic plan for the future. What progress we have made in this direction? Let’s try to find some answers. Purpose. The main research goal is the explication of the trajectory of the movement from the Soviet criminal process to its post-Soviet model, the creation of a new quality of pre-trial investigation and trial. Methods. The study is based on a systematic approach, historical and documentary methods, as well as logical tools (description, analysis, generalization, etc.). Results. The present study consists of three parts. The first part exposes the Soviet legal "behind the mirror" space − the narratives of scientists and the rules of procedural law, which have had quite progressive values and ideas. The second part explicates what was on the other side of the "mirror" − mass repressive criminal proceedings. Accordingly, the third part deals with the description of de-Sovietization process of the criminal proceedings in Ukraine, the overview of the trajectory of movement from ideologically biased, politically motivated criminal proceedings to criminal proceedings, based on the rule of law, respect for human dignity, rights and freedoms, equality and other principles of democracy. Conclusion. The criminal proceedings reform cannot be considered outside the general context of post-Soviet state-building. This process was controversial, not always correct and successful. Currently, many legal institutions have been abolished and new ones have appeared. But it is premature to believe that the goal of building our own quality model of criminal proceedings has been achieved

This article explores the preconditions and stages of the development of legal regulations for conducting criminal proceedings in Ukraine during a state of war. It emphasizes that the peculiarities of legal regulation in the early stages of the antiterrorist operation and before the onset of full-scale war are linked to the objective impossibility of fulfilling certain requirements guaranteeing individual rights and freedoms during procedural actions due to ongoing combat operations in specific territories. Simultaneously, the need to ensure the inevitability of punishment for guilty parties led to the introduction of special criminal proceedings regimes with limitations on certain rights and freedoms of participants. The article identifies an increase in the proportion of investigations conducted through special criminal proceedings procedures as a distinctive feature of investigating crimes committed during a state of war. This approach allows the national law enforcement and judicial systems to accomplish the task of ensuring the inevitability of criminal responsibility for individuals hiding from pre-trial investigation or court proceedings on the territory of Russia or temporarily occupied territories of Ukraine. In addressing representatives of the occupying state committing war crimes against Ukraine, the article proposes additional guarantees, especially for foreign citizens, regarding proper notification of such suspects/ accused about the date and time of procedural actions or court hearings. This aims to minimize grounds for appeals to the European Court of Human Rights due to Ukraine’s alleged violation of Article 6 of the Convention. In summary, with the introduction of a legal regime of martial law in Ukraine, the procedure for conducting criminal proceedings is designed to respond to challenges associated with armed conflict and the inability of the state to fully or partially perform law enforcement, legal protection, and judicial functions in specific territories of Ukraine. The implemented mechanism for conducting special criminal proceedings during a state of war requires further refinement to maximally guarantee the rights and freedoms of participants in criminal proceedings.

The article analyzes institute of the security assurance for people involved in criminal proceedings. It is established that despite the significant contribution made to solve important issues of this institute, the legal regulation of the process of security assurance for participants in criminal proceedings, as well as the mechanism of such assurance practically need immediate improvement, modernization, and further comprehensive research. Based on the analysis of the current state of security of participants in criminal proceedings, the reasons that affect the efficiency of such activities and measures to eliminate them, namely: financing of programs to ensure the security for people involved in criminal proceedings (creating a separate state fund through financial penalties for damages caused by crimes and funds that criminals make on bail); organizational support (establishment of appropriate terms of security measures, professional training of law enforcement officers who carry out security measures); establishing proper interaction between entities that protect such persons, etc. By analyzing these problems, we can conclude that they mainly lie in three major areas: legal, economic and organizational. The drawbacks in the legal mechanism for security ensuring for people involved in criminal proceedings in Ukraine are highlighted; the necessity and ways of improvement of the legislation in this area taking into account the world standards are substantiated. In this regard, we propose to at least supplement the CPC of Ukraine with a separate Chapter 10-1, setting it out as follows: “Application of procedural and special measures for the security of people involved in criminal proceedings”. It is also proposed that to ensure the security of people involved in criminal proceedings, it is necessary to create a special structural unit in the law enforcement system of Ukraine.

The importance of the existence of the institution of ensuring the safety of persons involved in criminal proceedings is obvious to Ukraine. The completeness of consideration and investigation of the circumstances of the case, establishment of the objective truth on it depends on the absence of any pressure on the participants of the process. In order to achieve the objectives of the criminal process, Ukraine has introduced an institute to ensure the safety of persons involved in criminal proceedings, which provides a number of measures aimed at protecting the lives, housing, health and property of such persons from unlawful influence. The process of ensuring the safety of persons during criminal proceedings in Ukraine is in unsatisfactory condition. The mechanism for ensuring the safety of persons involved in criminal proceedings is incompletely regulated and insufficiently effective. All this contributes to the emergence of public distrust in the functioning of this institution and threatens the implementation of the tasks of the criminal process. The article considers the main procedural aspects of ensuring the safety of persons involved in criminal proceedings, the main shortcomings of the functioning of this institution and the gaps in the current criminal legislation of Ukraine. Due attention is paid to the practical experience of highly developed countries, where the mechanism of ensuring the safety of persons who facilitate the implementation of criminal justice, has been developed over the years and is a model for the establishment of such an effective system in Ukraine. The implementation of international norms and standards in criminal law will help build an effective and reliable institution for ensuring the safety of persons involved in criminal proceedings in Ukraine. The article also considers such procedural aspects as the range of persons entitled to security and the range of bodies that ensure security, provides a list of possible security measures. The necessity of making changes to the criminal legislation of Ukraine, introduction of own system of protection of witnesses and introduction of the international norms and standards in the domestic legislation is defined.

The transformation that humanity is currently experiencing is leading to fundamental changes in every sphere of human existence. The changes dictated by the requirements of the time, the renaissance of the ideas of humanism as the ideological basis of society, leads to reforms in the field of criminal justice, changing and introducing new into the domestic criminal procedure legislation. The legislator is constantly looking for new effective ways for the state and society to respond to criminal offenses and combat crime, with the negative consequences of the ineffectiveness of only traditional prosecution and punishment. An effective way to resolve a conflict that has arisen as a result of a crime may be to use compromise procedures in criminal proceedings, along with traditional ones. Despite the sufficient number of scientific studies of certain criminal procedural mechanisms of compromise or conciliatory nature, it should be noted the lack of scientific research on the right to compromise in the criminal process of Ukraine and its implementation, the study of its legal nature through the prism of morality and pragmatism. the right to compromise in the criminal process of Ukraine». The aim of the article is to study the influence of moral and ethical components and pragmatic approach in the compromise solution of criminal conflict between the state, the perpetrator and the victim of the legal nature of the right to compromise in the criminal process of Ukraine and the author’s definition of «right to compromise». in the criminal process of Ukraine «. The results of scientific research by the author of this issue were the conclusion that morality, in some cases, prevails over the imperative of legal liability for what is done in case of guilty remorse, evaluation and willingness to voluntarily make amends to the victim, compensating the latter. . A clear example of this is the mechanisms for exercising the right to compromise in criminal proceedings, which are enshrined in law and at the legislative level. After analyzing the moral and ethical and pragmatic components of the legal nature of the right to compromise in criminal proceedings, the author’s definition of the right to compromise in criminal proceedings in Ukraine – the right to receive values, benefits of a regenerative nature, which corresponds to the duty of the perpetrator both for the victim and for society, in order to restore the disturbed public peace, security and law and order.

The purpose of the article is to reveal the essence and content of procedural costs in criminal proceedings initiated upon the fact of criminal offences committed by minors; to define the concept, essence and content of procedural costs in the current criminal procedural legislation of Ukraine; to study the problems of criminal proceedings and judicial proceedings in relation to minors; to consider the principle of procedural economy in criminal proceedings. A scientific discussion of the problem of unification of the provisions of the criminal and criminal procedural legislation of Ukraine with a view to ensuring a full pre-trial investigation, trial proceedings and determination of appropriate types of punishment for minor offenders has been presented. The concept of procedural costs in criminal proceedings in Ukraine was improved and methods of their implementation through the provisions of the national criminal procedural legislation were determined. The authors' understanding of the main distinguishing features of procedural costs is presented. The practice and legal positions of the Supreme Court regarding the limits and methods of covering the costs of proceedings have been considered. It has been established that the principle of procedural economy in the criminal justice system has been implemented by ensuring the smooth functioning of all court instances and the up-to-date comprehensive normalisation of investigative situations that may arise in the pre-trial investigation process and the selection of full investigative (research) and covert investigative (research) actions, with the aim of avoiding cases of repeated procedural measures to ensure the proper course of evidence. Results. It has been established that the procedural expenses in the criminal proceedings of Ukraine should be understood as the material damage provided by the criminal procedural legislation of Ukraine, caused by ensuring the needs of the pre-trial investigation and court proceedings, in particular, related to the process of evidence and realisation of rights, freedoms and legitimate interests of the parties and other participants in the criminal proceedings. The essence and meaning of the procedural costs are realised through the prism of the provisions of the Criminal Procedure Code of Ukraine (in particular, Article 124, which regulates the peculiarities of the distribution of the procedural costs), which ensure the protection of the state and the persons who have been the victims of a criminal offence from possible material losses that may arise in the course of conducting pre-trial investigation and trial. The main distinguishing feature inherent in the content of procedural costs is the form in which the decision to recover them is made – a court verdict or a court ruling. It has been proved that in modern conditions, in the context of criminal proceedings against minors, the following issues remain to be solved as a matter of urgency 1) improvement of the norms of criminal procedural legislation in the part of criminal proceedings against minors under the conditions of the special legal regime of martial law; 2) improvement of the personnel provision of the judicial system with regard to the selection of candidates for the position of a judge who conducts judicial review of cases of minors; 3) improvement of the procedure for carrying out investigative (search) actions in criminal proceedings initiated due to the fact of commission of a criminal offence by minors; 4) establishment of international cooperation in the pre-trial investigation of transnational criminal offences committed in complicity with minors. It was concluded that, in order to maintain the economic cycle, it is necessary to ensure a balance between the procedural costs within the framework of criminal proceedings and court costs for legal proceedings and the funds that go to the state budget. This includes, in particular, the establishment of a mechanism for compensating persons who have committed criminal offences and the normalisation of types of punishment with an emphasis on material punishment. Special attention should also be paid to improving the work of the courts of first instance in order to avoid cases being reviewed in the courts of appeal and cassation.

Artificial intelligence a set of scientific methods, theories and techniques whose aim is to reproduce, by a machine, the cognitive abilities of human beings. The artificial intelligence system is capable of using big data, calculating, evaluating, studying, deductive reasoning, abstract analysis and forecasting. The speed of information processing by artificial intelligence and its efficiency in making procedural decisions creates a model for digital automation of procedural decisions. The purpose of the article is to investigate the use of artificial intelligence in the judicial systems of developed countries and to analyze the prospects for its use in criminal proceedings in Ukraine. Such automation simplifies the process of making similar decisions in similar proceedings, which, of course, increases efficiency and simplifies procedural decision-making process in terms of procedural cost savings. Modern developments seek to ensure that machines perform complex tasks that were previously performed by humans. In the near future, accompanying organizational measures for the implementation of artificial intelligence and its regulatory support in public authorities associated with the storage of big data, processing information based on mathematical algorithms and making decisions based on artificial intelligence will be an integral part of our society. Artificial intelligence technologies are already being implemented in the judicial systems of China, the United States of America, the United Kingdom, France and Argentina. In the near future, the chances of using such technologies in the courts of general jurisdiction of Ukraine and in the criminal proceedings of Ukraine can be assessed as extremely high, and its scope is not limited to the work of artificial intelligence in court. You can also talk about the work of artificial intelligence in the activities of the prosecutor and the police. The paper deals with the use of artificial intelligence in the judicial systems of developed countries and analyzes the prospects of its use in criminal proceedings in Ukraine. These systems are reviewed, as: COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) - United States of America, HART (Harm Assessment Risk Tool) - United Kingdom, Prometea - Argentina, Compulsory Similar Cases Search and Reporting Mechanism - China. The advantages of artificial intelligence systems are analyzed and a critique of their use is noted.

The need to improve the efficiency of the implementation of the tasks of the judiciary, which is associated with the improvement of evidentiary activities, the saving of procedural time, as well as the use of res judicata (also known as claim preclusion) in the process of proving, determines the relevance of the analysis of the use of res judicata in civil, economic and criminal proceedings in Ukraine. The purpose of the article is to study the legal category of ‘res judicata’ (claim preclusion), problems of the theory and practice of the application of claim preclusion and its use in the exercise of evidentiary activity in civil, economic and criminal process, as well as the study of the limits of the application of claim preclusion. The methodological base is comprised of such methods as the dialectical, the systematic analysis of legal norms, the comparative legal, and the logical-normative method. The study of the res judicata requires the implementation of mechanisms that ensure the impartiality of justice and the unity of the case law, providing analysis of the case law and common standards for the implementation of legal proceedings, the purpose of which is to protect the violated rights and freedoms of natural and legal persons, to improve the legislation in the direction of harmonization of normative-legal acts of national legislation with international standards.

PROBLEM ISSUES OF PUBLIC INFORMATION ABOUT THE PROGRESS AND RESULTS OF CRIMINAL PROCEEDINGS IN UKRAINE Annotation. The article focuses attention on the shortcomings of the current legislation of Ukraine regarding informing society about the progress and results of criminal proceedings in Ukraine. In particular, attention is drawn to the fact that the practice of blurring faces in photos or videos does not always provide adequate protection against identification, especially when additional information is available. The subjective nature of identifying a person makes the issue of anonymity even more difficult. This requires the legislator and law enforcement agencies to find new approaches and solutions to protect personal data. Completely blurring the image of a suspect or accused person in a photograph may be a more effective way to protect their right to privacy and the presumption of innocence. This approach minimizes the risk of identification. However, there is a question about the expediency of publishing such a photo, which will not have any informational value. However, the protection of private life should become a priority for improving the current legislation of Ukraine. The application of the principle of presumption of innocence should be transformed from declarative references to its strict observance, because simultaneously with inconspicuous reports, society receives one-sided information based on the position of the prosecution, which subsequently undermines trust not only in the judiciary, but also in these bodies themselves. Cases of inappropriate texts and stigmatization of persons against whom criminal proceedings are being carried out indicate the need to strengthen control over the observance of the principle of presumption of innocence. The opinion is expressed that there is a critical need to update legislation and practice in the field of informing society about the progress and results of criminal proceedings in Ukraine in order to effectively protect personal data and human dignity, and only an integrated approach that includes legal, technological and ethical aspects will allow to achieve the necessary the level of protection of human rights in the conditions of the modern information society. Keywords: informing society; criminal proceedings; pretrial investigation; confidential information; personal data; human dignity; presumption of innocence.

Globalisation trends, citizen mobility, technological developments and transnational crime pose new challenges to the national criminal justice system. In order to achieve the objectives set in criminal proceedings, procedural cooperation with law enforcement and judicial authorities of other states is necessary. The full-scale military aggression of the russian federation and the need to bring to justice those responsible for numerous war crimes committed on the territory of Ukraine require cooperation with international institutions operating in the law enforcement and judicial spheres, and therefore, deep and comprehensive international cooperation. The article is devoted to certain aspects of ensuring the investigation of suspects and accused persons within the framework of international cooperation. Its purpose is to highlight theoretical and practical issues in the development and improvement of the institution of international cooperation in criminal proceedings in Ukraine. The mechanisms for implementing international requests are examined and the views of individual scholars on the effectiveness of ensuring international cooperation are analysed. Conclusions are drawn about the need to further improving the legal mechanism for providing rapid and effective assistance during international cooperation. The implementation of procedural actions aimed at collecting data on the suspect or accused is an important element of the activities of authorised persons in criminal proceedings in general and in international cooperation within the proceedings in particular. Compliance with the procedures for obtaining information provided for by national and international legislation in each criminal proceeding is a necessary condition for giving evidentiary value to data on the suspect. The use of modern digital technologies in the process of obtaining data on a person within the framework of international cooperation expands the possibilities and speeds up the process of collecting such data. Current legislation only allows electronic requests to be made, with subsequent mandatory confirmation by the original. In the future, mechanisms will be needed to ensure the legalisation and use of duly certified electronic evidence in court proceedings. This approach will significantly simplify and speed up the adoption of procedural decisions by authorised persons in criminal proceedings and increase the effectiveness of the protection of human rights and freedoms.

The article highlights the problematic issues of the use of mediation in criminal proceedings in Ukraine, as well as formulates proposals for their solution.The leading trend in the development of modern legal systems is the use of alternative means of resolving criminal disputes, including mediation. Ukraine is guided in this direction by the international legal standards and the positive experience of many foreign countries. In the general sense, mediation contributes to the humanization of criminal policy against the offender, creates conditions for ensuring the rights, freedoms and legitimate interests of the victim and real compensation for the damage caused to them, accelerates the criminal process. The concept of mediation in criminal proceedings is given.It is stated that the long path of Ukraine to the standardization of mediation was successful on November 16, 2021 in connection with the adoption of the Law of Ukraine “On Mediation” № 1875-IX. Instead, introducing the possibility of mediation in criminal proceedings, the legislator generally avoided amending the CPC of Ukraine, in particular to determine the status of mediator, establishing the boundaries of mediation of criminal conflicts, formulating the peculiarities of its conduct in criminal proceedings. As a reaction to the shortcomings of the legal regulations, it is proposed: first, to amend paragraph 25 of Part 1 of Art. 3 of the CPC of Ukraine, where a mediator should be identified among the participants in the criminal proceedings; secondly, to define in a separate article of the CPC of Ukraine the concept of mediator, their rights and obligations, in connection with which the author’s position on this issue is expressed.The limits of mediation of criminal disputes at the legislative level are not set. It has been proved that the legal basis for mediation in criminal proceedings may be the provisions of the CPC of Ukraine on criminal proceedings under agreements, as well as the provisions of the Criminal Code of Ukraine on release from criminal liability in connection with reconciling the perpetrator with the victim.In Ukraine, a pilot project on the use of restorative procedures in criminal proceedings against minors has been implemented since 2019. Positive examples of this project have shown that the mediation procedure has clear advantages over punitive justice.

The article summarises the scientific developments regarding the concept and essence of electronic evidence and provides the author’s own definition to the concept of “electronic (digital) evidence” in criminal proceedings; examines the regulatory framework for the use of electronic (digital) evidence in criminal proceedings; analyses the investigative and judicial practice and the practice of the Supreme Court regarding the admissibility of such evidence in criminal proceedings. It has been admitted that today the problem of regulating electronic (digital) evidence is relevant. The analysis of the Criminal Procedure Code of Ukraine makes it possible to understand that electronic (digital) evidence has almost no legal regulation, which negatively affects the quality and effectiveness of criminal proceedings. As a result, a number of legislative contradictions arise. Unlike other procedural laws (commercial, civil and administrative), criminal procedural legislation does not contain any provisions on electronic (digital) evidence. At the same time, there are positive trends at the legislative level to recognise the need to regulate electronic (digital) evidence in criminal proceedings. It has been determined that today there is no unified approach among scholars to understanding the concept, features and place of electronic evidence in the system of sources of evidence in criminal proceedings. It is proposed to use the term “electronic (digital) evidence” at the legislative level. This is substantiated by the fact that “electronic” indicates the type of device with which the evidence was created and stored, and “digital” refers to the type of recording the formation on the relevant device. The analysis of investigative and judicial practice has highlighted the ambiguity in the understanding of law enforcement officers regarding the collection of electronic evidence. This issue was the subject for consideration by the judges of the Criminal Court of Cassation of the Supreme Court (in particular, the procedure for assessing electronic evidence and its admissibility was explained in the decision of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court dated 29 March 2021 in case No. 554/5090/16-к). Taking into account international experience in collecting electronic (digital) evidence allows the use of the Berkeley Protocol in criminal proceedings in Ukraine, as it is actively used by the international community and is relevant in the context of russia’s armed aggression against Ukraine.

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.