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Oksana KHIZNA,

Assistant Judge of the Kyiv Court of Appeal, Candidate of Law Sciences

Oleksandr  OMELCHENKO,

Professor of the Department of Criminal Procedure of the National Academy of Internal Affairs, Candidate of Law Sciences, Associate Professor

IMPLEMENTATION OF THE PRINCIPLE OF FREEDOM FROM SELF-DISCLOSURE AND THE RIGHT NOT TO TESTIFY AGAINST CLOSE RELATIVES AND FAMILY MEMBERS AT THE STAGE OF PRE-TRIAL INVESTIGATION.

The article is devoted to theoretical and practical problems of realization of the principle of freedom from self-disclosure and the right not to testify against close relatives and family members at the stage of pre-trial investigation The article analyzes the problems of providing this basis in conducting various investigative (search) actions and proposes ways to overcome them.

It is substantiated that the main way of obtaining testimony from any of the subjects of criminal procedural activity is the investigation (investigation), as an interrogation, and all other methods are additional, aimed at verifying the testimony received during the interrogation. In this regard, it is determined that the main purpose of the interrogation is the receipt of information from the interrogator, therefore, freedom from self-disclosure and the right not to testify against close relatives and family members are most often used in the course of this investigative (search) action.

The procedural procedure for conducting the interrogation with the definition of problematic issues is revealed, namely, the need to provide the CPC of Ukraine with a duty to substantiate the grounds for refusing to testify in connection with ensuring the principle of freedom from self-disclosure and the right not to testify against close relatives and family members.

The most common investigative action performed after an interrogation in the event of significant indications of controversy and disagreement is the simultaneous interrogation of two or more previously interrogated persons. It is substantiated that in the context of Art 63 of the Constitution of Ukraine, a person may refuse to communicate information relating to his or his relatives or family members, which may further serve as grounds for suspicion or accusation of a criminal offense committed by him, his close relatives or his family members.

The principle of freedom from self-disclosure and the right not to testify against close relatives and family members, as well, during the conduct of such investigative (search) actions as: identification, investigative experiment, exploration, are analyzed. It is proved that taking advantage of this principle, a person (suspect, accused, victim, and witness) can avoid participation in these investigative (search) actions.

It is proposed to supplement the CPC of Ukraine with the provision that compulsory education is not applied to a witness and victim, unless it is the only possible means for obtaining the necessary evidence in the proceedings and it is impossible to make a procedural decision without its results.

Key words: rule, freedom from self-disclosure and the right not to testify against close relatives and family members, criminal proceedings, pre-trial investigation, investigators (wanted) actions.

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