ON THE ISSUE OF PARTICIPATION OF WITNESSES IN CRIMINAL PROCEEDINGS IN MODERN CONDITIONS

Introduction. The pre-trial investigation is the first and one of the most important stages of criminal proceedings, characterised by the conduct of investigative (detective) actions, collection of evidence and full investigation of all possible circumstances of the case, thereby ensuring a fair trial. It is at the stage of pre-trial investigation during the conduct of investigative (detective) actions that the legislator provides for the recording of their progress and results. Currently, one of these methods of recording is the involvement of witnesses. Through a critical reflection on the issues of its functioning at the present stage, the article highlights the shortcomings of the procedural status of witnesses and the debate on the need for such a method of recording or its replacement with digital methods. Purpose. The purpose of the study is to address the issue of participation of witnesses in investigative (detective) actions, to compare the institute of witnesses and its effectiveness with the use of video recording devices, and to analyse the latest legislative proposals for improving the means and methods of recording the course and results of procedural actions. Results. The article analyses the provisions of para. 25 of Part 1 of Article 3 of the CPC of Ukraine, Part 7 of Article 223 of the CPC of Ukraine, subpara. 3, para. 1, part 1, Article 615 of the CPC of Ukraine, draft laws No. 6454–1 “On Amendments to the Criminal Procedure Code of Ukraine” and No. 10206 “On Amendments to the Criminal Procedure Code of Ukraine on Optimisation of Pre-trial Investigation and Trial of Criminal Proceedings”. The author reveals the prerequisites for these legislative proposals, their feasibility, and compares them with each other to analyse how they differ in terms of the need for the functioning of the concepts and innovations they envisage. Given the provisions of subpara. 3, para. 1, part 1, Art. 615 of the CPC of Ukraine, the author analyses an alternative method of recording to the institute of witnesses, namely, continuous video recording during investigative (detective) actions under martial law. The author concludes that this innovation may be considered as a certain intermediate stage before further complete abandonment of the institute of witnesses.