Denunciator: type of applicant or individual participant in criminal proceedings
Purpose: The purpose of this work is to analyze the current legislation concerning the denunciator as a participant in criminal proceedings and to determine the extent to which their procedural status aligns with the provisions of Ukraine’s criminal procedural and anti-corruption legislation. Met...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
King Danylo University
2024-12-01
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| Series: | Науково-інформаційний вісник Івано-Франківського університету права імені Короля Данила Галицького |
| Subjects: | |
| Online Access: | https://visnyk.iful.edu.ua/en/issue-%e2%84%96-1830/oheruk-i-zahursky-o-denunciator-type-of-applicant-or-individual-participant-in-criminal-proceedings/ |
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| Summary: | Purpose: The purpose of this work is to analyze the current legislation concerning the denunciator as a participant in criminal proceedings and to determine the extent to which their procedural status aligns with the provisions of Ukraine’s criminal procedural and anti-corruption legislation.
Methodology: The methodology involves a comprehensive analysis and synthesis of existing scientific and theoretical material, leading to the formulation of relevant conclusions and recommendations. The research employed the following scientific methods: terminological, logical-semantic, functional, systemic-structural, and logical-normative.
Results: The study found that the rights granted to denunciators under the Criminal Procedure Code (CPC) of Ukraine are broader than those of a claimant. Denunciators retain their procedural status and participate in criminal proceedings for a longer duration compared to claimants. Moreover, under the provisions of the Law of Ukraine “On Prevention of Corruption,” denunciators are endowed with additional rights and guarantees not stipulated in the CPC, further distinguishing them from claimants as participants in criminal proceedings. However, these provisions in Ukraine’s criminal procedural legislation are not systematically organized, and some are entirely absent, necessitating amendments to the current CPC.
Scientific Novelty: The study established that the CPC grants denunciators broader rights than claimants, including the right to be informed about the progress and status of pre-trial investigations initiated based on their reports, the right to receive rewards, and the right to file appeals. Denunciators retain their procedural status until the appellate stage, whereas claimants are temporary participants in legal relations. De facto, whistleblowers become interested parties in criminal proceedings, motivated by the prospect of receiving rewards. The Law of Ukraine “On Prevention of Corruption” provides denunciators with even more extensive rights, particularly in terms of changes to their procedural status and representation in criminal proceedings. This underscores the need for amendments to the CPC to clearly define the rights and guarantees of denunciators, establish mechanisms for their representation in criminal proceedings, and determine the status of the National Agency on Corruption Prevention (NACP) as a participant in criminal proceedings.
Practical Significance: The research results can be utilized in legislative drafting and law enforcement practices during pre-trial investigations of corruption offenses and related misconduct. |
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| ISSN: | 2078-6670 2618-0308 |