International Standards for the Safety of Persons Assisting in Criminal Justice

• Evgeniy A. Ignatenko Belgorod State University
• Anzhelika I. Lyakhova Belgorod State University
• Elena F. Lukyanchikova Belgorod State University
• Irina V. Savelieva Belgorod State University
• Galina V. Starodubova Voronezh State University

Abstract

The objective of the research was to analyze some international standards for the safety of people who attend criminal justice from different approaches and perspectives of analysis. Based on a meaningful analysis of the provisions of international and regional regulatory legal acts, the document presents approaches to the formation of standards to ensure the safety of persons who contribute to criminal justice. Methodologically, the work applied the provisions of dialectics, general, special and particular scientific methods. In the course of the study, scientific-historical, formal-legal, formal-logical, systemic and comparative methods were also used. It is concluded that the system of security measures for people who cooperate with criminal justice has significant differences in the different national criminal justice systems, which complicates international relations and cooperation in this area and does not allow the international community to advise effectively and comprehensively, while continuously generating challenges and threats.

References

BAKOWSKI, Pietr. 2013. “Witness protection programmes: EU experiences in the international context” In: Library of the European Parliament: Briefing. Vol. 28, No. 01, pp. 255-289.

COUNCIL OF EUROPE. 2006. “Protecting witnesses of serious crime; training manual for law enforcement and judiciary” In: Strasbourg: Council of Europe Publishing. Strasbourg, France.

FIJNAUT, Cyrille. 2000. “Transnational Crime and the Role of the United Nations in Its Containment through International Cooperation: A Challenge for the 21st Century” In: European Journal of Crime, Criminal Law & Criminal Justice. Vol. 8, No. 2, pp. 119-127.

FYFE, Nicholas; SHEPTYCKI, James. 2006. International trends in the facilitation of witness co-operation in organized crime cases. European journal of criminology (London)

GENERAL ASSEMBLY OF UNITED NATIONS. 1992. Organized Crime Prevention and Combat. Available online. In: http://docs.cntd.ru/document/901809392. Date of consultation: 10/01/2020. (In Russian).

EUROPEAN COURT OF HUMAN RIGHTS. 2020. Protection of Human Rights and Fundamental Freedoms. Available online. In: http://www.echr.coe.int/Documents/convention_ENg.pdf. Date of consultation: 10/01/2020.

UNITED NATIONS. 2020. Transnational Organized Crime. Available online. In: https://www.un.org/ru/documents/decl_conv/conventions/orgcrime.shtml. Date of consultation: 10/01/2020.

UNITED NATIONS. 2019. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Available online. In: https://www.un.org/ru/documents/decl_conv/declarations/power.shtml. Date of consultation: 10/01/2020.

UNITED NATIONS. 1985. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, paragraph 5 of the Declaration. Available online. In: https://www.unodc.org/documents/justice-and-prison-reform/R_ebook.pdf. Date of consultation: 10/01/2020.

KONDRAT, Vladimir Aleksandrovich. 2013. “Safety of participants in criminal proceedings: the concept and some foreign experience” In: Legal science: history and modernity. No. 9. (in Russian).

SLATE, Risdon N. 1997. “The federal Witness Protection Program: its evolution and continuing growing pains” In: Criminal Justice Ethics. Vol. 16, No. 2, pp. 20-34.

VAN PUYENBROECK, Laurens; VERMEULEN, Gert. 2011. “Towards minimum procedural guarantees for the defence in criminal proceedings in the EU” In: International and Comparative Law Quarterly. Vol. 60, No. 4, pp. 1017-1038.

ZHURKINA, Olga V; STOLBOUSHKIN, Andrey V. 2017. “Witness protection Programs in the legislation of foreign countries: comparative legal analysis” In: Questions of Russian and international law. Vol. 7, No. 10. (in Russian).