Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
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Vol. 41, Nº 79 (2023), 681-693
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 12/06/23 Aceptado el 15/08/23
Ensuring the safety of participants in
the criminal process in the mechanism of
prevention of criminal oenses against them
DOI: https://doi.org/10.46398/cuestpol.4179.45
Mykhailo Huzela *
Rostyslav Bundz **
Olena Kovalchuk ***
Taras Bagrii ****
Yevhen Bondarenko *****
Abstract
The article is devoted to the scientic analysis of the
implementation of security measures of participants of criminal
proceedings in the mechanism of prevention of criminal oences
against them. It was concluded that an important component
of eective prevention of criminal oenses committed against
participants of criminal proceedings is the creation of a system to ensure
their safety by applying international legal norms of the interdisciplinary
institute specied in the national criminal legislation. The specied task
can be achieved in the case of: introduction of specic programs for the
protection of participants in criminal proceedings (creating a simplied
mechanism for choosing and applying short-term security measures and,
a detailed mechanism for long-term measures; dening criteria for danger
assessment by individualizing the needs of a person in the application of
security measures, or a combination of more eective tools developing
approaches to the duration of security measures based on the interests of
justice and the existence of threats to the person); creation of a special unit
* Candidate of Law, Associate Professor of the Department of Criminal Law and Procedure, Institute of
Jurisprudence, Psychology аnd Innovative Education of the Lviv Polytechnic National University, Lviv,
Ukraine. ORСID ID: https://orcid.org/0000-0002-2254-6990. Email: mhuzela@gmail.com
** Candidate of Law, Associate Professor, Lecturer of the Department of Criminal Law and Procedure,
Institute of Jurisprudence, Psychology аnd Innovative Education of the Lviv Polytechnic
National University, Lviv, Ukraine. ORСID ID: https://orcid.org/0000-0002-3651-4068. Email:
rostyslav.o.bundz@lpnu.ua
*** Candidate of Law, Associate Professor of the Department of Criminal Law and Procedure, Institute of
Jurisprudence, Psychology аnd Innovative Education of the Lviv Polytechnic National University, Lviv,
Ukraine. ORСID ID: https://orcid.org/0000-0001-5547-1625. Email: olena.b.kovalchuk@lpnu.ua
**** Doctor of Law, Judge of the Ternopil City District Court of the Ternopil Region, Ternopil, Ukraine.
ORСID ID: https://orcid.org/0009-0009-0028-0763. Email: bat633933@gmail.com
***** Candidate of Legal Sciences, Professor of the Department of law enforcement and anti-corruption
activities of the Educational and Scientic Institute of Law, Prince Vladimir the Great Interregional
Academy of Personnel Management, Kyiv, Ukraine. Kyiv, Ukraine. ORСID ID: https://orcid.org/0000-
0002-6527-6548. Email: bondarenko1.law@gmail.com
682
Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
to ensure the safety of participants in criminal proceedings, separate from
the investigative bodies.
Keywords: criminal justice participants; criminal investigation;
protidium; international standards; crime prevention.
Garantizar la seguridad de los participantes en el
proceso penal en el mecanismo de prevención de delitos
penales contra ellos
Resumen
El artículo está dedicado al análisis cientíco de la aplicación de medidas
de seguridad de los participantes en el proceso penal en el mecanismo de
prevención de delitos penales contra ellos. Se concluyó que un componente
importante de la prevención ecaz de los delitos penales cometidos contra
los participantes en los procesos penales es la creación de un sistema
para garantizar su seguridad mediante la aplicación de las normas
jurídicas internacionales del instituto interdisciplinario especicado en
la legislación penal nacional. La tarea especicada se puede lograr en el
caso de: introducción de programas especícos para la protección de los
participantes en procesos penales (creando un mecanismo simplicado
para elegir y aplicar medidas de seguridad a corto plazo y, un mecanismo
detallado para medidas a largo plazo; deniendo criterios para evaluación
de peligrosidad por individualizar las necesidades de una persona en la
aplicación de medidas de seguridad, o una combinación de herramientas
más efectivas desarrollando enfoques sobre la duración de las medidas de
seguridad basados en el interés de la justicia y la existencia de amenazas a
la persona); creación de una unidad especial para garantizar la seguridad
de los participantes en procesos penales, separada de los órganos de
investigación.
Palabras clave: participantes en justicia penal; investigación penal;
protidium; normas internacionales; prevención de
delitos.
Introduction
Participants in criminal proceedings, their relatives and close ones, in
one way or another are subjected to, or may be subjected to, physical and
psychological inuences. On the one hand, this is due to their personal
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Vol. 41 Nº 79 (2023): 681-693
qualities, on the other hand, the involvement of these persons in the eld
of criminal justice signicantly increases the degree of their victimhood
in view of their procedural status. The social danger of criminal oenses
against participants in the criminal process lies, in particular, in the fact
that they signicantly undermine the authority of law enforcement and
judicial bodies, which ensure the protection of the rights and legitimate
interests of the individual, and generate public distrust in their ability to
eectively resist crime.
Crime prevention is the activity of state and society bodies aimed at
keeping crime at a minimum level by neutralizing its causes and conditions,
as well as at preventing and stopping specic criminal oenses (Ivanov,
Dzhuzha, 2006, p. 165). To prevent means «to prevent something from
happening in advance, to avert» (New Interpretive Dictionary of the
Ukrainian Language, 2001, p. 89). Ensuring the safety of participants
in the criminal process is an important and necessary component of the
mechanism for preventing criminal oenses against them. This encourages
the development of a system of eective measures to prevent and overcome
opposition to the investigation of criminal oenses committed against
participants in criminal proceedings.
The international community has developed normative and legal acts,
which collectively determine the standards for national legislation in order
to solve the most important issues of combating crime and its individual
manifestations. The conditions of the modern socio-political life of
Ukraine require bringing security measures into line with the international
standards recognized in the world practice of many countries and related
relevant procedures that ensure the proper functioning of the judiciary.
1. Methodology of the study
Philosophical, general scientic and special methods of knowledge of
legal phenomena were used during the study of the peculiarities of the
application of ensuring the safety of participants in the criminal process
in the mechanism of prevention of criminal oenses in relation to them,
which ensured the reliability and validity of the scientic results. The
research methods were chosen taking into account the set goal and tasks of
the research, its object and subject.
The process of writing a scientic article is determined by the use of
a dialectical approach, which allowed to identify theoretical and applied
problems of the protection of witnesses and other participants in criminal
proceedings in the system of anti-crime measures against participants
in criminal proceedings. The hermeneutic method was used during
the formulation of proposals for legislation on ensuring security; with
684
Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
the help of a systematic method, the structure of means of ensuring the
safety of participants in criminal proceedings was revealed and their place
in the mechanism of prevention of criminal oenses against them was
established; the formal-logical (dogmatic) method made it possible to
determine certain legal concepts, grounds, the purpose of applying security
measures, as well as to develop proposals for improving the relevant
provisions of the legislation; the comparative legal method was used during
the study of the content of international legal standards for ensuring the
safety of participants in criminal proceedings, as well as the provisions of
the legislation of foreign countries that relate to this issue.
2. Analysis of recent research
The concept of counteracting the investigation of criminal oenses
against participants in criminal proceedings, based on scientically based
theoretical provisions and conclusions, denes organizational and legal
mechanisms for their detection and termination, oers a set of practical
recommendations for the eective prevention of such illegal acts. Scientic
works of many scientists in the eld of criminology, criminal law, process
and other sciences, and not only the legal cycle, are devoted to these
questions. The reform of law enforcement and judicial bodies, the creation
of new units, the adoption of new normative legal acts and the introduction
of changes in the current ones attest to the need to study conceptual
issues of ensuring the safety of participants in the criminal process in the
mechanism of combating criminal oenses against them.
3. Results and discussion
The issue of security of participants in criminal proceedings is of
international importance, and ensuring eective protection of persons who
contribute to justice is one of the global problems in the eld of combating
crime. The United Nations (hereinafter – the UN) and other international
institutions are conducting intensive work aimed at improving the standards
of ensuring the safety of persons participating in criminal proceedings,
forming the principles of such activity (Svintsytskyi, 2017, p. 307).
The peculiarity of international legal standards in the ght against crime
is due to the fact that they are developed on the basis of the consensus of state
representatives, reect the highest achievements of the world community,
constitute a certain model, and their main goal is to ensure the observance
and eective protection of human rights (Korovaiko, 2010, p. 42).
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International standards for ensuring the safety of participants in
criminal proceedings should be understood as reected in the provisions
of international law and/or formulated in the decisions of international
judicial institutions, requirements of an imperative and recommendatory
nature (principles, norms, recommendations, etc.) regarding the
scope of legal regulation of the activities of authorized persons of law
enforcement agencies and bodies of justice regarding the provision of safe
implementation by participants in criminal proceedings of their rights
and obligations in criminal proceedings. International standards not only
determine what rights a person is entitled to and their content, but also
provide a mechanism for their guarantee and provision, primarily in those
spheres of public life in which there is a high risk of violations of the rights
and legitimate interests of a person.
At the international level, a number of normative legal acts dedicated to
ensuring the safety of the specied persons were developed and adopted.
In particular, the Conference of the Parties to the UN Convention against
Transnational Organized Crime at its second session, held in Vienna on
October 10-21, 2005, included witness protection in the list of areas for which
monitoring and periodic review of the implementation of the Convention
and related protocols will be carried out (CTOC / COP / 2005/8, paragraph
1, decision 2/1, 2/3, 2/4) (RECOMMENDED PRACTICES IN THE FIELD
OF WITNESS PROTECTION IN CRIMINAL PROCEEDINGS INVOLVING
ORGANIZED CRIME, 2008).
Article 32 of the UN Convention against Corruption species that each
State Party shall take appropriate measures in accordance with its domestic
legal system and within its capabilities to ensure eective protection against
possible retaliation or intimidation of witnesses and experts testifying
in cases of crimes dened by this Convention, and, in appropriate cases,
regarding their relatives and other persons close to them (United Nations
Convention against Corruption, 2010).
Also, the UN Convention against Transnational Organized Crime from
2000 provides provisions on witness protection, as well as encouraging
persons who participate or have participated in organized criminal
groups to: provide information useful to competent authorities for the
purpose of investigation (art. Art. 24-26) (UN CONVENTION AGAINST
TRANSNATIONAL ORGANIZED CRIME, 2000), and in Art. 24 denes
that «each State Party shall take, within its capabilities, appropriate
measures aimed at ensuring eective protection against possible reprisals
or intimidation of witnesses who take part in criminal proceedings and
give evidence in connection with the crimes covered Convention, and, in
appropriate cases, regarding their relatives and other persons close to them
(UN CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME,
2000). Thus, states have a duty to protect individuals from transnational
686
Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
crimes, as well as to assist victims of transnational crimes and to protect the
rights of those who are involved in the prosecution of transnational crimes”
(Bianchi, 2007, p. 21).
For adequate and professional conduct of cases in which participants
in criminal proceedings may require the use of protection measures or
programs, authorized subjects of criminal justice bodies should have
adequate training and relevant guidance documents. When developing
a set of measures aimed at combating serious crimes, in particular those
related to organized crime and terrorism, and violations of international
humanitarian law, it is necessary to take appropriate measures to protect
witnesses and persons cooperating with justice from intimidation. No
criminal oense related to terrorism should be excluded from the list of
criminal oenses for which special measures / programs are provided for
the protection of participants in the criminal process.
Also part 4 of Art. 24 of the UN Convention against Transnational
Organized Crime, adopted by General Assembly resolution 55/25 of
11/15/2000, provides that without prejudice to the rights of participants
in criminal proceedings, including the right to a proper trial, the following
measures may be included: establishment of procedures for the physical
protection of such persons, to the extent necessary and practicable, for
their resettlement, and for the adoption of such provisions as to permit,
in appropriate cases, the non-disclosure of information relating to the
identity and whereabouts of such persons, or establish restrictions on such
disclosure of information; adoption of rules of evidence that allow witnesses
and experts to testify in a manner that ensures the safety of such persons,
for example, permission to testify by means of communication such as
video-link or other appropriate means (UN CONVENTION AGAINST
TRANSNATIONAL ORGANIZED CRIME, ADOPTED BY RESOLUTION
55/25, 2000). Participating states must consider the possibility of
concluding treaties or agreements with other states on the resettlement of
the specied persons (part 1 of Article 32 of the UN Convention) (UNITED
NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED
CRIME, 2000).
Recommendations Rec (2005) of the Committee of Ministers of the
Council of Europe to member states on the protection of witnesses and
persons cooperating with the justice system recommend that strict sanctions
be imposed for witness intimidation crimes. The term «intimidation» in
the Recommendations is interpreted as any direct, indirect or potential
threat to a witness that may prevent him from fullling his civil duty related
to giving evidence (RECOMMENDATION OF THE COMMITTEE OF
MINISTERS OF THE COUNCIL OF EUROPE TO MEMBER STATES ON
THE PROTECTION OF WITNESSES AND PERSONS , WHO COOPERATE
WITH JUSTICE, 2005).
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It is important to note that when deciding to provide protection to a
person cooperating with justice, the following criteria should be taken into
account, inter alia: participation requires the protection of a person (as a
victim, witness, etc.) in an investigation and/or case; the signicance of the
contribution; seriousness of threats; readiness and suitability for protection
through appropriate measures or programs (RECOMMENDATION OF
THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE
TO MEMBER STATES ON THE PROTECTION OF WITNESSES AND
PERSONS COOPERATING WITH JUSTICE, 2005).
In our opinion, measures should be taken in Ukraine to intensify
activities on the development of programs for the protection of participants
in criminal proceedings and provide persons who need protection:
witnesses and persons who cooperate with justice, the opportunity to use
these programs. The main goal of these programs should be to protect the
life and personal safety of witnesses / persons cooperating with justice
and their relatives, especially providing physical, psychological, social and
nancial protection and support.
Also, Resolution No. 66/164, adopted by the UN General Assembly
on December 19, 2011, states that protection programs that provide for
fundamental changes in the private life of persons who are protected (for
example, a change of place of residence and personal identication) should
be applied to those of them, who need protection for a period exceeding
the terms of consideration of the criminal cases in which they testify. These
programs, which may be time-limited or lifelong, should be initiated only
if no other measures can be considered sucient to protect the witness
or person cooperating with justice and their relatives (UNITED NATION
RESOLUTION NO. 66/164, 2011). The initiation of such programs requires
the informed consent of the person(s) subject to protection, as well as
an appropriate legal framework, including appropriate guarantees of the
rights of witnesses or persons cooperating with justice, in accordance with
the norms of domestic law (UNITED NATION RESOLUTION NO. 66/164,
2011).
It should be emphasized that Art. 20 of the Law of Ukraine «On ensuring
the safety of persons participating in criminal proceedings» does not
contain the detail necessary for correct law enforcement, which is provided
for by the cited international standards. In particular, in Part 1 of Art. 20
states that «as a basis for taking measures to ensure the safety of persons
specied in Art. 2 of the specied Law, there are data that testify to the
presence of a real threat to their life, health, housing and property» (ON
ENSURING THE SAFETY OF PERSONS PARTICIPATING IN CRIMINAL
PROCEEDINGS, LAW OF UKRAINE, 1993).
The presence of a real threat, in addition to threats and specic
encroachments on a person’s life, health, housing and property, can
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Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
be evidenced by the nature of the criminal oense in respect of which
proceedings are being carried out, the importance of the testimony of the
person who is threatened with danger, the characteristics of the person
who poses a potential threat, and her connections. In our opinion, Art.
20 of the Law of Ukraine «On ensuring the safety of persons participating
in criminal proceedings» does not contain a clear interpretation of the
meaning of «real threat», which is too general, leads to unjustied refusals
of authorized persons to appoint protection measures, or, conversely, the
appointment of protection measures to anyone , who will apply with the
relevant application. We believe that such a situation does not contribute
to the achievement of the goal pursued by the legislator and the state in
general.
Also, from the analysis of the content of the Law of Ukraine «On
ensuring the safety of persons participating in criminal proceedings», it can
be seen that the further procedure of individualization of the decision on
the selection of specic protection measures is not regulated by this legal
document. Instead, part 3 of Art. 22 of the specied law only species that the
body entrusted with the implementation of security measures establishes a
list of necessary measures and methods of their implementation, guided by
the specic circumstances of the case and the need to eliminate the existing
threat (ON ENSURING THE SECURITY OF PERSONS PARTICIPATING
IN CRIMINAL PROCEEDINGS, LAW OF UKRAINE, 1993). At the same
time, taking into account the content of the provisions of Recommendation
Rec (2005) 9, the legislation of Ukraine must clearly dene the criteria for
the application of security measures, or a combination of the most eective
security measures.
In general, in law enforcement practice, a distinction is made between
short-term security measures, that is, those that are used in the event of
the need to immediately eliminate a threat (personal physical protection,
protection of housing and property, etc.), and long-term measures for long-
term protection of a person (change of personal documents, change of
appearance, change of location work and study, relocation to another place
of residence, etc.).
However, unlike most leading European countries, the mechanisms of
their application in Ukraine are identical, which requires a review of the
legislator’s approach to their regulation. It is logical that long-term security
measures are much more expensive, the expediency of their application,
type, nature, duration require an individual approach depending on the
circumstances of the criminal proceeding, its importance, the person
whose personal interests are threatened by danger, etc. In view of this, the
application of a specic measure should be carefully planned by authorized
subjects, the main role among which should belong to the prosecutor, who,
according to Ukrainian legislation, carries out prosecutorial supervision in
the form of procedural guidance at the stage of pre-trial investigation.
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International standards for ensuring the safety of participants in
criminal proceedings provide for the existence of appropriate procedures
for internal control over the actions or inaction of the bodies that appoint
and the bodies that provide security measures. In particular, the General
Assembly of the Council of Europe in Resolution 1784 (2011) 1 calls on
the competent authorities of the relevant states and territories: to create
an independent body, separate from the police and investigative bodies, to
supervise witness protection programs and the distribution of funds (clauses
16.1.1, 16.1.3) (RESOLUTION OF THE GENERAL ASSEMBLY OF THE
COUNCIL OF EUROPE «WITNESS PROTECTION AS A CORNERSTONE
OF JUSTICE AND RECONCILIATION IN THE BALKANS», 2011).
Institutionalization of witness protection programs can be done in
dierent ways. In some countries, the choice in favor of the police is
natural, since witness protection is considered primarily the task of
police authorities. In other states, more importance is attached to the
separation of the functions of witness protection and investigation, guided
by considerations of impartiality and seeking to reduce the risk that the
prospect of inclusion in the protection program itself will lead witnesses
to give false testimony dictated by the desire to «please» or «help». In
countries where the main task of witness protection is entrusted to the
police, the responsibility for leading these programs rests with a senior
ocial of the police department» (Recommended types of practice in the
eld of witness protection during proceedings in criminal cases involving
organized crime, 2008, p. 46).
At the same time, «it is extremely important to ensure the isolation
and autonomy (in organizational, administrative and operational terms)
of the secret unit that is engaged in the implementation of the program
from other police formations» (Recommended types of practice in the
eld of witness protection during proceedings in criminal cases involving
organized crime, 2008, p. 46) This not only means ensuring independence
from the investigative units of the police, but also serves as a guarantee of
the integrity of the program. programs. Austria, Germany, Canada, Latvia,
New Zealand, Norway, Sweden are among the countries in which witness
protection is carried out under the supervision of the police. In other
countries, such as Bulgaria, Colombia, the Netherlands, and the United
States, witness protection programs are organizationally separate from the
police and are subordinated to the Ministry of Justice, the Ministry of the
Interior, the State Prosecutor’s Oce, or similar agencies (Recommended
types of practice in the eld of witness protection during proceedings in
criminal cases involving organized crime, 2008, p. 46).
In some countries, where these programs are under the jurisdiction
of the Ministry of Justice, they are implemented by an interagency
body consisting of high-ranking representatives of law enforcement,
690
Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
prosecutorial, judicial and government structures, and sometimes civil
society. This body can make decisions on such issues as inclusion in the
program or its termination. He can also supervise the implementation of
the program and submit its budget to the government for approval. Such
a procedure exists in Italy and Serbia (Recommended practices in the eld
of witness protection in criminal proceedings concerning organized crime,
2008, p. 46).
It should be noted that the resettlement and change of personal data of
witnesses and their family members within the framework of the protection
program is a dicult and expensive matter. For protected persons,
especially for their family members, changing their lifestyle and complying
with established rules can be associated with great diculties and lead to
depression, as well as to other psychological disorders. In addition, if even
by chance the safety of any witness is threatened, he and his family members
will have to be resettled and the process of adaptation and reintegration
must begin again. Given the impact on the lives of those being protected, as
well as the nancial costs to the program, resettlement and identity change
is a last resort suitable only for a small number of witnesses.
In general, the issue of departmental ownership of the program is not
as important as the need to ensure compliance with existing government
structures and functions and compliance with the principles of separation
from investigative bodies, operational independence from the police and
condentiality of operations. Other important considerations are the
ability to share sensitive information with other national authorities and
protection programs in other countries. Finally, operatives must be able to
carry and use rearms.
Currently, no internal impartial control procedures have been
established in the system of ensuring the safety of persons participating in
the criminal justice system of Ukraine. Only judicial control is envisaged. The
implementation of internal control procedures for the actions or inaction
of the bodies that appoint and the bodies that provide security measures
should be regulated as part of the development and implementation, based
on international standards and best global practices, of the program for the
protection of participants in criminal proceedings.
Also, a signicant shortcoming of national legislation in the eld of
security in criminal proceedings is that it does not contain provisions that
provide for the interaction of bodies that make decisions on the application
of security measures and bodies that carry out such measures among
themselves and with other authorized entities. In this regard, in Art. 10 of
the Model Law of the United Nations Oce on Drugs and Crime on the
Protection of Witnesses states that: 1) protected persons are included in
the Program after signing a Memorandum of Understanding with the
Protection Authority; 2) The memorandum of understanding is not a legally
691
CUESTIONES POLÍTICAS
Vol. 41 Nº 79 (2023): 681-693
binding contract and cannot be challenged in court; 3) The memorandum
sets out the voluntary conditions that will be applied within the framework
of the Program and contains at least the following information: conditions
for inclusion in the Program; permitted general categories of protection
measures set forth in Art. 9 (1); nancial and other material assistance; the
consent of the witness to comply with all the instructions of the defense
body, including undergoing a medical examination and psychological
examination; the consent of the protected person not to jeopardize the
integrity of the Program and the safety of its participants; the consent
of the protected person to provide information about all his legal and
nancial obligations, and about the method of fullling these obligations;
the person’s consent to provide the Protection Authority with information
about all criminal and civil cases and bankruptcy cases in which he was and
is a participant; the conditions that give the Protection Authority the right to
exclude a person from the Program (MODEL LEGISLATIVE PROVISIONS
FOR THE ESTABLISHMENT OF A WITNESS PROTECTION PROGRAM,
2013).
Conclusions
An important component of eective prevention of criminal oenses
committed against participants in criminal proceedings is the creation
of an eective system for ensuring their safety. The implementation of
international legal standards for ensuring the safety of participants in
criminal proceedings, reected in general regulatory and legal documents,
into domestic criminal legislation will prevent the improvement of the
aforementioned interdisciplinary institute. The specied task can be
achieved in the case of: introduction of specic programs for the protection
of participants in criminal proceedings in order to take into account the
conditions and features of national legislation; creation of a special unit for
the protection of participants in criminal proceedings, separated from the
investigative bodies.
International standards for ensuring the safety of participants in
criminal proceedings - reected in the provisions of international law
and/or formulated in the decisions of international judicial institutions,
requirements of an imperative and recommendatory nature (principles,
norms, recommendations, etc.) regarding the scope of legal regulation of
the activities of authorized persons of law enforcement bodies and bodies
of justice in relation to ensuring safe implementation by participants in
criminal proceedings of their rights and obligations in criminal proceedings.
It is necessary to adapt the Ukrainian legislative framework regarding
the creation of a simplied mechanism for the selection and application
692
Mykhailo Huzela, Rostyslav Bundz, Olena Kovalchuk, Taras Bagrii y Yevhen Bondarenko
Ensuring the safety of participants in the criminal process in the mechanism of prevention of criminal
oenses against them
of short-term security measures and a thoroughly detailed mechanism for
long-term measures according to the standards of the witness protection
program. At the same time, special attention needs to be paid to: early
detection of threats to the safety of participants in the criminal process and
timely neutralization of relevant threats; determination of risk assessment
criteria for the individualization of a person’s needs in the application
of security measures, or a combination of the most eective of them;
approaches regarding the duration of security measures based on the
interests of justice and the existence of threats to the person.
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Esta revista fue editada en formato digital y publicada
en octubre de 2023, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.41 Nº 79