Some problems of applying security measures to persons promoting justice in criminal proceedings

The legislator determined the circle of persons to be protected by limiting them to those who promote justice, their family members, relatives and close persons. However, other persons, for example, co-workers, neighbors and other people not belonging to the "close persons" category, the witness interacts with directly at work and in private life can be subject to unlawful influence to exert pressure on witnesses or to otherwise force them to refuse to assist in the investigation of crimes. In this context, the circle of persons to be protected appears to be unreasonable. The RF Code of Criminal Procedure is to ensure the security of any person in need of remedial protection in connection with the provision of assistance in the investigation of a crime and the promotion of justice. The duty to ensure the security of persons promoting justice (in the broadest sense of the word) should be extended to all stages of criminal proceedings. For example, when determining a common procedure for the preparation for the trial, it is necessary to fix the duty of the judge to find out whether there is a need to ensure the security of the participants of a criminal case, including witnesses, their family members, relatives, close and other persons (Article 228 of the RF Code of Criminal Procedure). In addition, liability of officials should be established for the consequences of a failure to take necessary measures or their improper use. Part 4 of Article 11 of the RF Code of Criminal Procedure provides that damage caused to persons as a result of a violation of their rights and freedoms by the court, as well as by officials carrying out criminal prosecution, shall be compensated for in accordance with the procedure established by the RF Code of Criminal Procedure. Currently, The RF Code of Criminal Procedure does not provide for the order of reimbursement of harm to a person promoting justice when harm is caused as a result of actions or lack of actions of officials who did not secure or improperly secured the procedural safety of a person or their property.

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