Protection of witnesses and victims in transnational criminal law
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 4
Abstract
The article deals with the international standards for the protection of witnesses and victims in the field of criminal justice, which serve as a model for the national criminal justice system and embodied in declarations, conventions, agreements, resolutions, recommendations and other international instruments. International organizations, such as the United Nations, the Council of Europe, the European Union, the International Criminal Court and others, play an important role in their development. The documents and decisions adopted by the United Nations congresses on crime prevention and the treatment of offenders are analyzed: the 1980 Caracas Declaration, the Milan Action Plan of 1985, the Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of the Government of 1985, which sets out the basic principles of protection witnesses and victims in transnational criminal law, and other documents. Particular attention is paid to the 2000 UN Convention against Transnational Organized Crime, which contains provisions on the protection of witnesses and victims of transnational crimes. The article deals with measures for the protection of witnesses involved in criminal proceedings; analyzes the legislation of individual states and gives a comparative characteristic. The author examines programs that provide protection for witnesses and victims, as well as providing them with moral and material assistance, in particular in the US, Germany and other countries. The purpose of the article is to study the content, objectives and principles of the implementation of international legal acts aimed at regulating the protection of witnesses and victims in transnational criminal law. Scientific novelty. The main problems are investigating in regulating the protection of witnesses and victims in transnational criminal law, in particular, there is a need for harmonization of the norms of transnational criminal law and national legislation of countries with different legal systems, exchange of information on the most successful types of practical activities, improvement of protection programs for witnesses and injured persons in those countries where they exist, and the adoption of such programs in the first place in those countries where the transnational development is particularly fast criminal crime. Conclusions. As regards the protection of witnesses and victims in international criminal law, international standards for the protection of the rights of these persons in the field of the administration of justice are set out, which are normative provisions drawn up at the interstate level, addressed to States which, within their jurisdiction, are required to protect the rights of their citizens. Achievement of this task is possible in the presence of an internal mechanism for the implementation of international criminal law, which will ensure full, comprehensive and timely implementation of international obligations undertaken by the state in the field of protection of witnesses and victims in criminal proceedings.
Authors and Affiliations
V. V. Popko
Keywords
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- EP ID EP624017
- DOI 10.32886/instzak.2019.04.06
- Views 102
- Downloads 0
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