INSTITUTE IMMUNITY WITNESSES IN CRIMINAL PROCEDURE LAW
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The scientific article is devoted to one of the institutions of the criminal procedure law – «witness immunity». Despite the fact that some manifestations given legal institution known lawyer from the time of ancient Rome, the study of certain aspects of witness immunity remain relevant and up to date. General principles of witness immunity institution enshrined in international legal level. However, the context of the actual application of these legal categories established by the legislation at the national level. In Ukraine, a witness immunity in criminal proceedings established by the Constitution of Ukraine and a number of norms of the Criminal Procedure Code. The debate among lawyers about the appropriateness and content (volume) witness immunity in criminal proceedings take place because the said institution is on the verge of two opposite categories, which are: on the one hand the duty of a witness to testify about the circumstances known to him about criminal offenses (goal – finding the objective truth) on the other – the right not to incriminate himself and relatives (goal – the right to protection of moral and ethical aspect). In the scientific article the existing theory of criminal procedural law expert opinion on the content and type of immunity of witnesses. Based on a critical analysis of available options offers copyright classification formed from this aspect. Offered in a scientific article variant classification is based on the achievements of modern legal thought and the requirements of the current Ukrainian criminal procedural law.
Authors and Affiliations
М. Ю. Веселов, Т. С. Заремба, В. Е. Олешицька
Keywords
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