THE SYSTEM OF THE RIGHTS OF A WITNESS IN CRIMINAL PROCEEDINGS: STATUS, PROBLEMS AND WAYS TO OVERCOME THEM

Abstract

The article analyzes the provisions of the current criminal procedure legislation of Ukraine on the rights of such a participant in criminal proceedings as a witness. It is determined that a witness occupies a special place in criminal proceedings, since this subject is one of the main carriers of evidentiary information. The author examines the system of witness rights under the current Criminal Procedure Code of Ukraine. The author identifies the problematic aspects of the realization of witness rights in criminal proceedings. The author formulates proposals for improvement of the current legislation, namely: to restate paragraph 5 of Part 1 of Article 66 of the Criminal Procedure Code of Ukraine as follows: «5) to use notes and documents when giving testimony»; to set forth paragraph 7 of part 1 of Article 66 of the Criminal Procedure Code of Ukraine as follows: «7) to get acquainted with the interrogation protocol and file a petition for amendments, additions and comments to it, as well as to make such additions and comments personally, or to write testimony in the interrogation protocol personally»; to supplement part 2 of Article 66 of the Criminal Procedure Code of Ukraine with paragraph 10 as follows: «to appeal against procedural decisions, actions or inaction of the court, investigating judge, prosecutor, investigator»; to include in the Criminal Procedure Code of Ukraine a provision that would oblige the interrogator to provide the witness with a lawyer; to give the witness the right to challenge the interpreter in case of incompetence; to oblige the interrogator to initiate legal relations to ensure the protection of the witness; to create a specialized body for the implementation of measures to protect persons involved in criminal proceedings.