Improvement of Normative and Legal Regulation of Using of False (Imitational) Measure to Ensure the Safety of Witnesses in Criminal Proceedings in Ukraine (Practice of Witness Protection in the United States of America)
Abstract
Author analyzed question about normative and legal providing of safety of participants (in particular witnesses) of criminal proceeding according to normative providing in Ukraine and practice of witness protection in USA. Supposed that efficiency of measures about protection of persons that take part in criminal proceedings need to be improved by: changing a Criminal Procedure Code and provisions of the Law of Ukraine «About National Police», preparing relevant departmental acts and also creating in National Police of Ukraine unit with related tasks and functions, including solving problems with creating and using false (imitational) measures for the purpose of realization such safety measure as «replacement of documents». Proposed to add relative norm about police powers with using measures of protection persons that take part in criminal proceeding in Article 23 of Ukrainian law «About National Police». But supposed proposition also will not ensure full compliance with the requirements of Ukrainian law «About protection of persons, that take part in criminal proceedings». In particular clause d) part 1 Article 7 of this law provides for «replacement of documents» as a measure of protection. Simultaneously in Criminal Procedure Code there is no relevant norm which would provide an appropriate procedure for such measure. So also proposed to make addition in Article 273 Criminal Procedure Code of Ukraine about possibility of creating and using false (imitational) measures to protect persons that take part in criminal proceedings. Supposed that there are not any norms about creating false (imitational) measures and «replacement of documents» to protect witness in «Instructions about organization carrying out secret investigative (searching) actions and using their results in criminal proceeding» that needs additions.
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