Tymchal M. Criminally-legal safeguard persons taken under protection in Ukraine

The thesis is devoted to the analysis of corpus delicti provided by Art. 380, 381 of the Criminal Code of Ukraine. The paper proposes the author’s definition of the concept of “ensuring the safety of participants in criminal proceedings”, highlighting their main features. The features of the types of security measures applied to persons taken under protection are identified. The norms of the Criminal Code and the Code of Criminal Procedure of France, the USA, Germany, the Republic of Belarus, the Republic of Latvia, the Republic of Poland, the Republic of Moldova, Georgia, etc. are analyzed. Characterized by objective and subjective signs of corpus delicti related to ensuring the safety of persons taken under protection. Examples of the qualification of acts for the totality of offenses are given, and a list of crimes that are grounds for the implementation of security measures in relation to participants in criminal proceedings is proposed. Analyzed the features of punishment for art. 380 and art. 381 of the Criminal Code of Ukraine, as well as the conditions for exemption from criminal liability under Art. 380 of the Criminal Code of Ukraine.