作证豁免作为刑事诉讼中保护人与公民权利和自由原则的一个要素

M. Kharitonova
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引用次数: 2

摘要

在形成法治的条件下,乌克兰执法活动民主化的最大表现之一是立法保护人权,建立对个人权利和合法利益的保障。在这方面,刑事诉讼参与人的法律地位变得特别重要。此外,刑事诉讼科学的重要任务是识别和消除刑事诉讼关系法律规制的空白。在这方面,目前正在进行研究,以确定法律领域的法律问题,并在此基础上拟订建议。众所周知,刑事司法的每一个参与者都有自己的法律地位,这一地位载于《乌克兰刑事诉讼法》的规则中。受害人、犯罪嫌疑人、被告人的诉讼地位,包括保障其权利和合法利益的问题,都受到重视。我们认为,证人在刑事诉讼中的程序地位需要进一步的调查,包括通过确保在刑事诉讼中进行审前调查和司法程序的人的权利和合法利益这一棱镜。证人豁免的理论和实践问题的研究是有意义的,因为证人豁免的各个方面在理论界和实务界都存在争议。当然,最重要的是,让证人有更多的机会进行辩护。该条的目的是处理刑事诉讼法改革所引起的专题问题,这在执法实践中造成了一些困难,包括在执行关于证人豁免制度的规则方面。具体地说,这是由于立法本身的规定相互矛盾,有时制订得不成功,这些规定并不总是与执行司法改革的任务相一致。此外,本文还提出了证人豁免分类问题。作者对证人豁免的概念和组成部分的不同观点进行了审查。揭示了证人豁免的分类问题,并将其分类分为证人提供的证言类别和证人提供的证言类别。研究结果旨在为完善刑事诉讼中证人豁免制度的法律规制提供有效建议。证人豁免是一套规则,免除某些证人群体在刑事诉讼中作证的义务,也免除证人对自己不利的作证。在这方面,证人豁免分为强制豁免(绝对、无条件)和决定豁免(相对、有条件)两类。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Testimonial immunity as an element of the principle of protection of the rights and freedoms of man and citizen in criminal proceedings
In the conditions of formation of the rule of law, one of the biggest manifestations of the democratization of law enforcement activity in Ukraine is the legislative protection of human rights, the creation of guarantees of the rights and legitimate interests of the individual. In this regard, the legal status of participants in criminal proceedings becomes especially important. In addition, the important task of criminal procedural science is to identify and eliminate gaps in the legal regulation of criminal procedural relations. In this regard, studies are currently being conducted to identify legal issues in the field of law and recommendations are being prepared on this basis. It is known that every participant of criminal justice has its own legal status, enshrined in the rules of the Criminal Procedure Code of Ukraine. The procedural status of the victim, suspect, accused legislator and procedural scientist are given much attention, including the issues of securing their rights and legitimate interests. The procedural status of a witness in criminal proceedings requires, in our opinion, additional investigation, including through the prism of securing the rights and legitimate interests of the person in conducting pre-trial investigation and judicial proceedings in criminal proceedings. Research into the problems of the theory and practice of witness immunity is relevant, as various aspects of witness immunity are controversial among both theorists and practitioners. Of course, it is, first and foremost, important for witnesses to have additional opportunities for state defense. The purpose of the article is to address topical issues arising from the reform of criminal procedural legislation, which has created some difficulties in law enforcement practice, including the implementation of the rules governing the institution of immunity of witnesses. In particular, this is explained by contradictory, sometimes unsuccessfully formulated provisions of the legislation itself, which are not always consistent with the implementation of the tasks of judicial reform. In addition, the article raises the problem of witness immunity classification. The authors' different perspectives on the concepts and components of witness immunity are examined. Discussion questions of the classification of the immunity of witnesses are revealed and its classification is divided into categories and categories of testimony provided by witnesses. The result of the study is to provide valid proposals for improving the legal regulation of the institute of immunity of witnesses in criminal proceedings. Witness immunity is a set of rules that exempt certain groups of witnesses from the obligation to testify in criminal proceedings, as well as exempt a witness from testifying against themselves. In this regard, the immunity of the witness is divided into two types of imperative (absolute, unconditional) and dispositive (relative, conditional).
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