Інститут понятих у кримінальному провадженні: аналіз окремих питань нормативного регламентування та правозастосовної практики
The Institute of Witnesses in Criminal Proceedings: Analysis of Certain Issues of Normative Regulation and Law Enforcement Practice

Summary/Abstract: The relevance of the research topic is due to the need to study certain issues of the essence of the institute of witnesses in criminal proceedings. The purpose of the article is to identify certain defects and gaps in the current Criminal Procedure Code of Ukraine (CPC) regarding the regulation of the participation of witnesses in criminal proceedings, in particular, regarding: 1) the identification of uninterested persons with witnesses; 2) the possibility of questioning witnesses as witnesses of procedural actions that are not investigative (search); 3) the possibility of questioning them during the pre-trial investigation. The methodological basis of the research is a number of methods of scientific knowledge, in particular: – semantic analysis – to clarify the content of the concept of "uninterested persons"; – formal and legal – to make proposals aimed at continuing scientific research on the essence of the institute of witnesses in criminal proceedings and to improve the current legislation to improve its legal regulation. The results of the study are to justify the inexpediency of using the phrase "uninterested person" as a synonym for the concept of "understood" in the current Code of Criminal Procedure, since the latter is a broader category. Arguments are given in favor of the need to amend the Code of Criminal Procedure regarding the possibility of questioning as witnesses witnesses – participants not only in the relevant investigative (detective) but also in other procedural actions, given that according to the current Code of Criminal Procedure, witnesses may participate in any procedural actions in which the investigator or prosecutor deems it appropriate. In addition, an opinion is expressed and substantiated regarding the normalization of the possibility of such questioning not only during the trial, as currently provided forin the specified article of the Code of Criminal Procedure, but also during the pre-trial investigation. Based on the research conducted, the author’s opinion was expressed on a number of theoretically and practically significant issues and amendments to the current criminal procedural legislation were proposed in order to improve the law enforcement practice of involving and the evidentiary value of the participation of witnesses in criminal proceedings.

• Details
• Contents