FOREIGN EXPERIENCE IN PROVIDING PROCEDURAL GUARANTEES OF THE PROTECTION OF THE RIGHTS AND LEGAL INTERESTS OF A PERSON DURING CRIMINAL PROCEEDINGS

Abstract

The article examines the foreign experience of providing procedural guarantees for the protection of the rights and legitimate interests of a person during criminal proceedings. It is noted that now the criminal process in Ukraine is at the stage of regular adaptation to changes in procedural legislation. However, unresolved issues remain, and some innovations have not led to improvement. In more developed countries, similar problems have been encountered before, so they already have certain solutions. At the same time, not all foreign experience can be useful for improving Ukrainian legislation. It is also worth considering that ideal legislation does not exist, therefore it is important to find out which provisions are practically valuable, to determine aspects that require research and implementation. The foreign experience of providing procedural guarantees for the protection of the rights and legitimate interests of a person during criminal proceedings was studied using the examples of the United States of America, Great Britain, Italy, France and Germany. These countries have one of the most developed legal bases and demonstrate real respect for the rights and legitimate interests of individuals. The legislation of these states regarding procedural guarantees of protection in criminal proceedings generally corresponds to the international legal acts that were ratified by them. Based on the analysis of foreign experience regarding procedural guarantees of protection of the rights and interests of individuals during criminal proceedings, ways of improving domestic procedures were proposed. Not all recommendations are a direct borrowing of foreign norms, some of them were developed based on the analysis of foreign experience. In order to improve the safety of participants in criminal proceedings, it is proposed to supplement the Law of Ukraine "On ensuring the safety of persons participating in criminal proceedings" with provisions on the protection of investigators, prosecutors, judges and other officials. It is also advisable to create an organization to protect witnesses, giving them the right to indicate their place of work or another address instead of their place of residence, if there is a threat to their safety. During the trial, law enforcement officers who received information from anonymous sources may be questioned.