Title: Karpenko M
Author: Чонка
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Company: Grizli777

Karpenko M.I., Chonka M.M. Procedural meaning and features of witness as participant of criminal proceedings (comparative-legal description)

The article is dedicated to specifics of the procedural meaning and features of witness as participant of criminal proceedings. It describes the following issues: protection rights, forensic psychiatric examinations, discrediting the improper witness, features of evidence and responsibility. After analyzing, the authors present the recommendations of improving the judicial process to elicit more accurate testimony from witnesses. 
Their participation in judicial proceedings raises a few issues: сall improper witness testimony evasion, non-arrival (absence) in court proceedings, improper performance of duties and lies of witness.
The article based on the analysis of the applicable laws and doctrines in search of answers to questions arising during the study, including laws of the USA and Germany. 
Analyzing the general theory of law and explaining certain aspects of the procedural meaning and features of witness as participant of criminal proceedings, authors have made the following conclusions:
Witness is a member of the criminal proceedings, which is the actual carrier of information, which has evidentiary value.
The error in the testimony of the witness depends on: emotional state, state of attention, memory, perception and the ability to play, to accurate reflection of reality in a specific, legally significant situation, especially the situation itself, influence public opinion or relatives suggestion.
It is necessary to install mandatory forensic psychiatric examination for the minor and the minor who possesses certain information because not always the physical development of the person corresponds to the development of consciousness.
Legislators should review Art.66 The Criminal Procedure Code of Ukraine, pay attention to how this issue is regulated abroad and supplement the list of persons who may refuse to testify, such persons, engaged or engaged to the accused, the accused spouse if the marriage has terminated.
Serious amendments needs the Law of Ukraine «On the safety of persons involved in criminal proceedings», especially in part including the scientific - technological development and social change in life.
Responsibility is one more factor of stimulating the witness to proper behavior.
This means that certain provisions and definitions are dispersed throughout the doctrine or not addressed at all. This article is only the first step in achieving the set goal and requires more detailed studies and clarifications for further consolidation in the official acts of state.
Keywords: criminal proceedings, improper witness, evidence, protection rights, forensic psychiatric examinations, responsibility.