Е. Lukianchykov; V. Lukianchykov

Summary

Paper analyzes the formation of the institution of witnesses in criminal proceedings beginning from the Lithuanian Statutes, the Statute of Criminal Proceedings from 1864 till the presence. The issues of its occurrence, tasks, for which decision the participation of virtuous persons in the pre-trial investigation was introduced, have been investigated. A comparative study of normative regulation of this procedural institution in different countries is carried out. It is questioned about the possibility for the virtuous persons to create appropriate conditions for the objective and, in particular, the proper conduction of investigative actions, to ensure the legality of its conduction, to exclude the possibility of falsification by those who conduct procedural actions. Attention is drawn to the need to ensure in the CPC of Ukraine the order of the involvement of witnesses, the requirements imposed on such persons, their tasks during the conduction of procedural actions to which they are involved. The conclusion was drawn that the participation of the witnesses can not objectively ensure the legality of the relevant procedural action, to create the proper conditions for its implementation and be a reliable guarantee against violations of the unscrupulous investigator.