STATE PROTECTION AND SECURITY OF PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS, ACCORDING TO THE LEGISLATION OF UKRAINE

2021 ◽  
Author(s):  
Ruslan Skrynkovskyy ◽  
◽  
Svitlana Hlushchenko ◽  
Mariana Khmyz ◽  
Pavlo Harasym ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Law Enforcement Agencies ◽  
Member States ◽  
Criminal Offense ◽  
Legal Proceedings ◽  
The Law ◽  
State Protection

The article reveals the features of state protection and security of persons participating in criminal proceedings, according to the legislation of Ukraine. It was found that the legal foundations of state protection and security of persons involved in criminal proceedings, in Ukraine are governed by the provisions of regulatory documents, in particular, such as: a) the Law of Ukraine «On ensuring the safety of persons participating in criminal proceedings»; b) the Law of Ukraine «On State Protection of Employees of the Court and Law Enforcement Agencies»; c) Resolution of the Plenum of the Supreme Court of Ukraine «On the application of legislation, which provides for state protection of judges, employees of the court and law enforcement agencies and persons involved in legal proceedings»; d) Decision of the Council of Judges of Ukraine «On measures to ensure the safety of courts and judges, the protection of judges and persons who participate in the implementation of legal proceedings»; e) Recommendation No. R(97) 13 of the Committee of Ministers of the Council of Europe to Member States Concerning Intimidation of Witnesses and the Rights of the Defence, adopted by the Committee of Ministers on 10 September 1997 at the 600th meeting of the Ministers' Deputies; f) Recommendation Rec (2005) 9 of the Committee of Ministers of the Council of Europe to member states on the protection of witnesses and collaborators of justice, adopted by the Committee of Ministers of the Council of Europe on 20 April 2005 at the 924th meeting of the Ministers' Deputies. It has been established that the right to protection and security through the use of special measures has the persons who made a statement to the relevant law enforcement agency about a criminal offense, persons who otherwise participated in criminal proceedings, the victim (victims) or his representative (representatives) in criminal proceedings, an accused, a suspect, legal representatives and defenders, a civil plaintiff and a civil defendant, as well as their representatives in a case for compensation for damage caused as a result of a criminal offense, a representative of a legal entity in respect of which the proceedings are being carried out, employees of the probation body, witness, accuser, specialist, expert, attesting witness and translator, family members and close relatives of the above persons, in order to prevent influence on the actions and testimonies of participants in criminal proceedings. It has been determined that the authorities responsible for ensuring the safety of persons involved in legal proceedings, in particular in criminal proceedings, are the state bodies of Ukraine, which make appropriate decisions on the application of security measures, as well as directly implement security measures. It is noted that the prospects for further research in this direction are the study of the features of the witness protection program in Ukraine and its improvement, taking into account foreign experience, in particular the USA experience in this direction.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals Ensuring Security for the Participants of Criminal Proceedings: Forensic Aspects

2020 ◽  
Vol 79 (4) ◽  
pp. 73-78
Author(s):  
Т. П. Матюшкова
Keyword(s):  
Law Enforcement ◽  
Positive Impact ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Institutions ◽  
Judicial Practice ◽  
Scientific Principles ◽  
Special Knowledge ◽  
Further Development

One of the urgent tasks of criminalistics has been studied – the content and elements of forensic security of the participants of criminal proceedings have been determined. Traditionally, this activity is given considerable attention in the areas of criminal law, criminal procedure, as well as operative and search activities. The few works of criminalists mainly reflect the problems of anonymity of interrogating the witnesses, recommendations on tactical features of the interrogation and identification by the means of videoconference. Thus, there are currently no comprehensive studies of forensic aspects of ensuring security for the participants of criminal proceedings in Ukraine. Systematization and improvement of theoretical provisions of forensic security of the participants of criminal proceedings, determining the content and elements of forensic aspects of the researched activity will facilitate both further development of forensic science and have a positive impact on investigative and judicial practice. The author has defined such forensic aspects of ensuring the security for the participants of criminal proceedings as technical and forensic, tactical and forensic, methodological and forensic. Technical and forensic aspect should cover the development and improvement of scientific principles and forensic recommendations for the application of special technical means and methods of ensuring the security of persons. The content of tactical and forensic security of the participants of criminal proceedings will be the development of scientific principles and forensic recommendations for the application of organizational measures and tactical means and methods (tactics, tactical combinations, tactical operations) during the preparation, conduction and recording of certain investigative (search) actions with the participation of persons, in respect of whom security measures are provided. Methodological and forensic security of the participants of criminal proceedings should include the development of methodical recommendations on such specific features of investigating certain types of crimes due to the security of individuals, in particular due to the interaction of law enforcement agencies in ensuring the security for the participants of criminal proceedings, the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc.

scholarly journals Practical Problems Of Implementation Of Arrests

2021 ◽  
Vol 03 (04) ◽  
pp. 194-199
Author(s):  
Ulmas Sharipov ◽  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Rights And Interests

The purpose of writing this article is to show that in practice the law enforcement agencies conducting pre-trial investigation and preliminary investigation do not strictly follow the detention procedure established by the Code of Criminal Procedure, although the grounds for detaining detainees are not sufficient. by deciding to detain the accused and allegedly facilitating the preliminary investigation through this "method", ie the violation of the rights and interests of the suspects and accused persons involved in the criminal proceedings as a result of the discovery of the crime and the use of suspects as a means of proving guilt being put. The main purpose of writing this article is to prevent these cases and to amend the legislation.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

scholarly journals Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

2021 ◽  
pp. 57-62
Author(s):  
E. Lukianchykov ◽  
B. Lukianchykov
Keyword(s):  
Law Enforcement ◽  
Current Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Foreign Experience ◽  
Interrogation Techniques ◽  
Rights And Interests ◽  
Definition Of

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.

STRENGTHENING LEGALITY IN THE LAW ENFORCEMENT AGENCIES FUNCTIONING AT THE STAGE OF INSTITUTING CRIMINAL PROCEEDINGS AS A MEANS OF PROTECTING THE RIGHTS OF CITIZENS

2021 ◽  
pp. 60-65
Author(s):  
Ramil T. Rafikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Drug Crime ◽  
The Russian Federation ◽  
The Law ◽  
The One

In the article the author examines the issues related to the improvement of legislation in the functioning of law enforcement agencies, in particular that on their counteraction to organized drug crime. We are talking about the amendment to Article 146 of the Criminal Procedure Code of the Russian Federation, according to which criminal proceedings on crimes under Articles 228.1 and 228.4 of the Criminal Code of the Russian Federation on the fact of illegal drugs dealing cannot be initiated in the absence of data on the type, weight and name of drugs, as well as sufficient evidence indicating their transfer to other persons. The law-in-draft is aimed, on the one hand, at protecting citizens, on the other – at increasing the exactingness to law enforcement agencies at the initial stage of criminal – proceedings related to drug crime. The grounds for instituting a criminal proceeding for illegal drug dealing should be the facts of drug transfer to another person, as well as an expert opinion determining their mass, type and name.

scholarly journals CURRENT REQUIREMENTS AND MODERN REALITIES OF CONDUCTING UNDERCOVER INVESTIGATION FORM (INVESTIGATIVE) ACTION BEFORE JUDGE RESOLUTION

2020 ◽  
pp. 131-134
Author(s):  
Ye. S. Hidenko ◽  
D. V. Vodop’ian
Keyword(s):  
Law Enforcement ◽  
Criminal Prosecution ◽  
Power Structures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Organizations ◽  
Criminal Intent ◽  
The Law ◽  
National Police ◽  
The Impact

The article explores the issues of conducting undercover investigation form (investigative) action prior to the decision of the investigating judge in the framework of the operative support of criminal proceedings. In fact, after the events of the 2014 Revolution of Dignity, law enforcement agencies underwent a dramatic change, which in turn led to the decline of the law enforcement system, them authority and professionalism. In law enforcement agencies lost the institution of “mentoring”, because this institution was destroyed after reform. These events have led to the consolidation of their positions by gangs and criminal organizations engaged in professional crime, because during the decline of power structures, they were able to get corrupt links, adjust ways and ways of realizing criminal intent. In order to solve this problem, the article considers in detail the issue of enabling operatives units to initiate undercover investigation form (investigative) action prior to the decision of the investigating judge within the framework of operative support of criminal proceedings. And the extension of the rights of employees of the operational units of the National Police of Ukraine during criminal proceedings. Legislative differences that are contrary to current practical requirements have been emphasized and discussed. Also, this article is devoted to the study of legislative restriction of activity of operational units of the National Police of Ukraine during criminal proceedings. The impact professional criminality on the units of the National Police of Ukraine carrying out operational-search activities and criminal prosecution has been investigated. The limitation of the rights of operational units during criminal proceedings was considered in detail and emphasized. Tactical and theoretical inconsistencies of conducting undercover investigation form (investigative) action before the decision of the investigating judge are considered. And possible ways of their decision based on modern practical requirements are considered. Based on the results of the scientific search, relevant conclusions were drawn and suggestions were made to address the issues discussed in the article.

scholarly journals CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (1) ◽  
pp. 99-104
Author(s):  
D.S. Lanshakov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Criminal Case ◽  
Security Measures ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Disclosure Of Information ◽  
The Russian Federation ◽  
State Protection

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.

scholarly journals The Prosecutor as a Coordinator of the Law Enforcement Activities in the Fight Against Crime

Legal Concept ◽  
2021 ◽  
pp. 21-25
Author(s):  
Anatoly Kruglikov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
National Guard ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Law

Introduction: the paper analyzes some problems of coordinating the activities of the law enforcement agencies in the fight against crime, and the role of the prosecutor in this activity. The author notes that the achievement of significant positive results in the fight against crime is only possible with a clear coordination of the actions of the law enforcement agencies carried out in accordance with the law. These bodies are named in the Regulation on the coordination of the activities of law enforcement agencies in the fight against crime approved by Presidential Decree No. 567 of April 18, 1996, with the subsequent amendments by other Decrees of the President of the Russian Federation, the latest of which is Decree No. 640 of December 31, 2019. Such bodies are: the bodies of internal affairs of the Russian Federation, bodies of the Federal Security Service, troops of the National Guard of the Russian Federation, bodies of the criminal executive system of the Russian Federation, bodies of compulsory enforcement of the Russian Federation, customs bodies of the Russian Federation, investigative bodies of the Investigative Committee of the Russian Federation and some other bodies. In accordance with Part 1 of Article 8 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”, the activities of the law enforcement agencies to combat crime are coordinated by the Prosecutor General of the Russian Federation, the prosecutors of the subjects of the Russian Federation, cities, districts and other territorial prosecutors, as well as military and other specialized prosecutors equated to them. In accordance with the above-mentioned Provision, the objectives of coordination are to increase the efficiency of fight against crime by developing and implementing coordinated measures by these bodies for the timely detection, solving, suppression and prevention of crimes, eliminating the causes and conditions that contribute to their commission. When writing the work, various methods of scientific knowledge were used: systematicity, analysis, synthesis, the formal-legal one, etc. Results: the author considers the basic principles of coordination of the activities of the law enforcement agencies, its main directions and forms. Conclusions: the practice of coordinating the activities of the law enforcement agencies should be constantly analyzed to study the best practices in the prevention and detection of crimes, the protection of the rights and freedoms of citizens in criminal proceedings, and to take into account the essence of court decisions made based on the results of the reviewed activities.

scholarly journals Implementing the Coordination of the Law Enforcement Activities in the Process of Ensuring the Safety of Witnesses in Investigating Corruption-Related Crimes

Legal Concept ◽  
2021 ◽  
pp. 107-113
Author(s):  
Olga Slavgorodskaya
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Effective Interaction ◽  
Full Potential ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Research Activity ◽  
Protection Measures ◽  
System Method ◽  
The Law

Introduction: anti-corruption issues are not only a domestic problem, but also an international one. The practice of organizing the coordination of the law enforcement activities in this direction can be successfully translated into the solution of these issues at the interstate level. Special attention in this area should be paid to the issues of combating corruption by increasing the participation of citizens. One type of such participation is witnessing. However, the participation of citizens as witnesses in the investigation of corruption-related crimes has only positive prospects if they understand not only the importance of involvement in the process of proof, but also the awareness of their protection from any encroachments. In this connection, further improvement of the activities aimed at protecting witnesses and providing them with an appropriate level of security requires the formation of a highly coordinated interaction of all the law enforcement agencies involved in this process. The purpose of the study: to identify the main areas of optimization of the existing ones and consider promising opportunities for improving the security of witnesses in the investigation of corruption-related crimes. The research objectives: in the study of this problem, to highlight its internal structure and to consider the possibilities of implementing joint international cooperation in the field under study. Methods: the methodological framework for this study is the system method, the methods of analysis, synthesis, the comparative legal and formal legal methods, and others. Results: the issues considered in the paper characterize the content of the procedure for ensuring the safety of witnesses through the prism of studying the existing features of the content of the entire essence of this process, which determines the need to create the conditions for the protection of the parties to criminal proceedings in the investigation of corruption-related crimes. The possible areas for improving the application of witness protection measures have been identified. It is assumed that the use of the full potential of the opportunities will ensure the safety of witnesses and will increase the active participation of citizens in the fight against corruption. It is emphasized that the full implementation of the research activity is only possible with the effective interaction of all its participants in the presence of a single coordination center. It provides for the possibility of implementing measures to achieve international cooperation in the area of the law enforcement activities under consideration. Conclusions: as a result of the study, the key types of threats against witnesses were identified, and the conditions for applying measures to ensure the safety of witnesses were revealed. The possibilities of implementing the interaction of the law enforcement agencies in the implementation of the state protection are established.

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