CONTENT OF THE SUBJECT OF PROOF WHEN DISCLOSING INFORMATION ON SAFETY MEASURES OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

Purpose, objective: The subject of proof in criminal proceedings is of systemic importance in connection with the content in it of the most important and necessary to prove the circumstances of the commission of the crime. In order to understand the individual elements of the subject matter of proof according to the specific composition of the crime, it is necessary to find out the specifics of each of them. For this purpose, we have considered specific problems of the substantive side of the circumstances included in the subject of evidence in the criminal case of the crime provided for in article 311 of the Criminal Code of the Russian Federation. The specificity of these circumstances is related to the conduct of criminal proceedings of the evidence procedure. In the prosecution of cases of this category, there may be problems of criminal legal qualification and the scope (content) of the charge specified in the order to bring as accused, indictment or sentence of the court. Methodology: In the course of the scientific research carried out, such general and private scientific methods of research as induction, derivation, generalization, comparison, formalization, etc., were applied. Conclusions: 1. The safety of participants in criminal proceedings is an important guarantee of achieving the objective of criminal proceedings and the process of proof. It is cross-sectoral and is considered from various sides. 2. The process of ensuring the safe participation of citizens in criminal proceedings is strictly confidential in the event of a threat to the life, health and other benefits of the protected person. Therefore, one security guarantee is the confidentiality of all (any) information that is related to the protective measures applied. 3. The problem of proof is the obligation to apply in the process of proof not only objective and subjective characteristics of the composition of Article 311 of the Criminal Code of the Russian Federation, but also other laws and legal acts. 4. The proof of the offence under investigation (art. 311 of the Criminal Code) is also complicated by the fact that it competes with the characteristics of the offence under article 320 of the Criminal Code, which imposes certain difficulties in the criminal proceedings. 5. In judicial practice, a situation of problematic content may arise concerning the separation of criminal disclosure from administrative misconduct (Article 17.13 "Disclosure of information on security measures"). This also imposes a certain problem in proving the circumstances established in article 73 of the Code of Criminal Procedure of the Russian Federation. Possibility of subsequent use: the results can be useful in the process of improvement of sectoral legal acts in the field of application and implementation of criminal and criminal procedure legislation, To continue scientific research in the field of regulation of the security of participants in criminal proceedings, Optimization of procedural and related mechanisms for the implementation of individual security measures, To improve judicial and investigative practice, as well as in the training of future lawyers. The practical significance of the work presented may be expressed in the use of its results in the law enforcement process in the investigation and trial of criminal cases of offences aimed at disclosing information on security measures applied to participants in criminal proceedings. The social significance of the results obtained is revealed indirectly, through the optimization of the legislative regulation of criminal law and criminal procedure relations, the enhancement of not only the process of proof in a criminal case, but also the legal protection of the rights of citizens in the course of criminal proceedings. The value of the results obtained is expressed in the very definition of the problem of the content of the circumstances to be proved in relation to the composition of the offence provided for in article 311 of the Criminal Code of the Russian Federation, from a criminal procedure position. The study is aimed at obtaining new knowledge of the subject matter of proof in criminal cases involving offences under article 311 of the Criminal Code of the Russian Federation. These conclusions can be useful both for the legislator in the preparation of draft laws and in the formation of judicial practice in order to improve the safety of persons involved in criminal proceedings. This work may be of interest to scientists and practitioners, as well as students and postgraduate students of law universities.

security, protection of witnesses and victims, criminal case, criminal justice, opposition to investigation, disclosure of information, confidentiality, subject of proof