PROTECTION OF DATA OF SUBJECTS OF CRIMINAL PROCEEDINGS AS A GUARANTEE OF ENSURING THEIR SAFETY

Abstract

The article examines the mechanism of protection of personal data of participants in criminal proceedings as a guarantee of ensuring their safety. It is noted that in recent years, many new bodies have been created in Ukraine to minimize crime in the country, including the National Anti-Corruption Bureau, the State Bureau of Investigation, etc. Right now, in the conditions of active reform of the law enforcement system, it is worth paying attention to the issue of safe participation in criminal proceedings of persons who contribute to the establishment of the truth.

The position is expressed that the sophistication and frank cynicism manifested recently by criminals require a new approach to ensuring the rights, legitimate interests and, especially, personal safety of persons who contribute to the establishment of the truth in criminal proceedings. This especially applies to the procedural status of the witness, who, despite the new provisions of the 2012 Criminal Procedure Code of Ukraine, remains one of the most vulnerable subjects of the criminal process. The right to protection and security must be ensured not only to the suspect (accused), but also to those who cooperate with the investigative bodies, declare to the law enforcement authorities about the preparation for committing
a criminal offense or already committed a criminal offense, as well as provide information that exposes the actions of criminals during the interrogation. It is also necessary to take unprecedented measures to ensure the safety of persons close to them and the safety of the property of witnesses.

Attention is focused on the fact that the simultaneous interrogation of two or more already interrogated persons has a significant impact on its participants, which can both positively and negatively affect the establishment of the truth in criminal proceedings. A dishonest participant in such an interrogation often tries to persuade others to change their testimony in his favor. In case of simultaneous interrogation with audio and video interference, the anonymous witness will be protected from such influence. The suspect (accused) will not have the opportunity to see the witness and establish direct psychological contact with him. The lack of personal contact protects the anonymous witness from post-crime influence, but also creates obstacles in establishing the truth due to the unique features of simultaneous examination in the standard form.