Oheruk I., Habuda A. Regarding the issue of the representation of denunciators in criminal proceedings

https://doi.org/10.33098/2078-6670.2023.16.28.141-147

Purpose: The purpose of this work is to analyze the current legislation regarding the issue of the representation of denunciators in criminal proceedings and to determine the extent of alignment between the legal positions of different normative acts on this matter. Methodology: The methodology involves a comprehensive analysis and synthesis of existing scientific and theoretical material and the formulation of corresponding conclusions and recommendations. The research employed the following methods of scientific cognition: terminological, logical-semantic, functional, systemic-structural, and logical-normative. Results: During the research, it was determined that the denunciator emerged in the national legal field due to changes in anti-corruption legislation. Among other changes, the denunciator was granted the right to representation in proceedings, which can be realized by using all forms of legal aid provided by the Law of Ukraine “On Free Legal Aid”, engaging a lawyer independently, and appealing to the National Agency on Corruption Prevention. However, certain provisions of anti-corruption legislation, particularly in the Law of Ukraine “On Prevention of Corruption” regarding the representation of denunciators for the protection of their interests, and certain provisions of the Criminal Procedure Code of Ukraine and other legislative acts regarding the representation of denunciators in criminal proceedings, require coordination and synchronization. Scientific novelty: In the course of the research, it was established that despite the corresponding provisions of the Law of Ukraine “On Prevention of Corruption”, the Criminal Procedure Code of Ukraine does not provide any guidance on the representation of the denunciator’s interests in criminal proceedings, and does not involve a mechanism for the denunciator to utilize free legal aid. The Law of Ukraine “On Free Legal Aid” does not include the denunciator among the entities entitled to free secondary legal assistance. Also, it was determined that the Criminal Procedure Code of Ukraine does not regulate the mandatory presence of representatives of the National Agency on Corruption Prevention at court sessions. It was also found that there is no regulation on the right of the National Agency Corruption Prevention to initiate the review of court decisions in judicial proceedings and the procedure for confirming the representation of the denunciator in criminal proceedings. Practical significance: The research results can be used in law-making and law enforcement activities during a pre-trial investigation of corruption offenses and offenses related to corruption.

Key words: representation, denunciator, legal assistance, the National Agency on Corruption Prevention, criminal proceedings.

References

1. Corruption Perceptions Index, CPI – 2022: Тransparency International Ukraine. URL: https://cpi.ti-ukraine.org/ (date of access 11.10.2023). (in Ukrainian)
2. Corruption in Ukraine 2022: understanding, perception, commonness. Available at: https://nazk.gov.ua/wp-content/uploads/2023/05/Prezent.opytuvannya-koruptsiya-2022_FINAL_ukr.pdf (date of access 14.10.2023). (in Ukrainian)
3. Criminal Procedure Code of Ukraine: the Law of Ukraine of 13.04. 2012. The official web-portal of the Verkhovna Rada of Ukraine. Available at: https://zakon.rada.gov.ua/laws/show/4651-17#n1297 (date of access 04.10.2023). (in Ukrainian)
4. Pozhar, V. (2016). Mezhi povnovazhen predstavnykiv u kryminalnomu provadzhenni: problemy vyznachennia. [Limits of powers of representatives in criminal proceedings: problems of definition]. Young scientist. (in Ukrainian).
5. The law of Ukraine on free legal aid of 2.06. 2011. The official web-portal of the Verkhovna Rada of Ukraine. Available at: https://zakon.rada.gov.ua/laws/show/3460-17#n85 (date of access: 28.10.2023). (in Ukrainian)
6. On Amendments to the Law of Ukraine “On Prevention of Corruption” regarding the denunciators of corruption: the Law of Ukraine of 17.10.12019. The official web-portal of the Verkhovna Rada of Ukraine. Available at: https://zakon.rada.gov.ua/laws/show/198-20#Text (date of access: 15.10.2023). (in Ukrainian)
7. On Prevention of Corruption: the Law of Ukraine of 14.10.2014. The official web-portal of the Verkhovna Rada of Ukraine. Available at: https://zakon.rada.gov.ua/laws/show/1700-18#n1515 (date of access: 14.05.2023). (in Ukrainian)
8. Bilodid, I. K. (Ed.) (1976). Dictionary of the Ukrainian Language: in 11 volumes / Academy of Sciences of the Ukrainian SSR. Institute of Linguistics; edited by. (Vol. 7). Kyiv: Naukova Dumka, 1970-1980 (in Ukrainian)