Title: Ольховенко А
Author: User
Company: NAU

Olhovenko O. Improving regulations under Art.385 of the Criminal Code of Ukraine

This article presents the study of regulations that help to improve art. 385 of the Criminal Code of Ukraine. We used the international experience, which promotes to reform legal provisions (Art. 385 of the Criminal Code of Ukraine). Also we offered a new edition of Art. 385 of the Criminal Code of Ukraine.
In his article, the author notes that today the arsenal of criminal-legal protection of social relations that provide conditions for the protection, regulated by law, of proper testimony of a witness, performance of expert’s or interpreter’s duties and security against failure of these persons to perform their duties is not sufficient. And that is why there is a need to create a fundamentally new or substantially changed and amended art. 385 of the Criminal Code of Ukraine which would provide the responsibility for refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties.
To study the abovementioned problem the author uses previously conducted studies: objective aspect of crime: refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties; comparative-legal study of crime: refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties (Art. 385 of the Criminal Code of Ukraine) with similar crimes under the criminal laws of some foreign countries as well as the wording of the current law "art. 385 of the CC Refusal of a witness to testify, or refusal of an expert or interpreter/translator to perform their duties".
In order to gain a further better understanding of the criminal act "refusal of a witness to testify," the author refers to its description in legal sources, which are given by him.
Based on the aforementioned the author offers the author's edition of Art. 385 of the Criminal Code of Ukraine:
 “art. 385 Refusal of a witness to testify or refusal of an expert or interpreter/translator to perform their duties
1. A groundless refusal of a witness to testify, or an expert or interpreter/translator to perform their duties in court or during pretrial investigation, execution of enforcement proceedings, investigation by an ad-hoc investigation commission of the Verkhovna Rada (Parliament) of Ukraine, -
shall be punishable by….
2. A person who refuses to testify against himself/herself, members of his/her family or close relatives, degree of relationship of which is determined by law, during pretrial investigation or in court, shall not be criminally liable…”.
Also the author concludes that the codes of many foreign countries do not provide criminal liability for a groundless refusal of a witness or a victim to testify, or an expert or interpreter/translator to perform their duties in court or during pretrial investigation.

Key words: improvement, statutory regulations, objective aspect of crime, comparative-legal characteristic.