EVOLUTION AND DIRECTIONS OF IMPROVEMENT OF LEGAL GUARANTEES OF PERFORMANCE UNDERSTANDED ITS OBLIGATIONS

The article provides an overview of the legal guarantees used by the Russian legislator at different stages of historical development (from Sudebnik 1497 to the Code of Criminal Procedure of the Russian Federation) of fulfilling their duties in a conscientious manner: establishing qualifications, responsibility, including criminal responsibility, paying remuneration to the witnesses and reimbursement. The authors come to the conclusion about the inadmissibility of the forcible involvement of citizens to participate as witnesses and the need to develop a system of material incentives for the conscientious performance of their duties by the witnesses. Based on the analysis of criminal procedure legislation and law enforcement practice, the authors propose to fix in Part 2 of Art. 60 of the Code of Criminal Procedure of the Russian Federation prohibits participation as witnesses of persons who are directly or indirectly dependent on the parties, and introduce responsibility for concealing information from the investigator (inquiry officer) about the fact of such dependence.

уголовный процесс, следователь, дознаватель, понятой, гарантия, обязанность, ответственность