Based on the analysis of scientific sources, the absence of monographic research on the peculiarities of the implementation of certain rights, duties, guarantees and
responsibilities of a witness in criminal proceedings has been established in the domestic theory of the criminal process. It is proved that the uncertainty of certain legal
formulations has a negative impact on the adoption of procedural decisions during the pre-trial investigation and trial, as well as ensuring the rights and legitimate interests of
the subject.
An own methodological program is proposed, which includes general scientific, special and specific scientific methods of cognition, which are used in conjunction to
ensure the comprehensiveness, completeness and objectivity of the scientific results of the study. Based on the interdisciplinary approach, the categories "legal status", "legal
position", "legal condition", "procedural status" and their relationship were studied. Based on the study of doctrinal approaches, it is concluded that the procedural status is
a manifestation of the legal status of the person involved as a subject in criminal proceedings. The study of the relationship between procedural status and legal status
allows us to state the dialectical relationship between them.
It is proposed to define a generalized definition of the legal status of a person as enshrined in law of his actual socially significant position, which reflects the individual
characteristics and real position in the system of social relations, characterized by legal structure and defines the person as a subject of law. The structural elements of the
procedural status of a witness are determined, their features are investigated.
It is proved that in order to determine the procedural status of a witness in criminal proceedings, two grounds are required: factual and legal. The factual grounds
include factual data that testify to the witness's possession of information relevant to criminal proceedings. Legal grounds are the decision of the prosecution, the
investigating judge, the court to summon a person to testify as a witness. In the context of acquiring procedural status of a witness and its implementation, the possibility of
using information obtained from a witness as evidence, the issue of criminal procedural legal personality, the components of which are legal capacity and capacity, which have
a specific manifestation in criminal proceedings.
Based on the analysis of scientific sources, criminal procedural legislation of Ukraine and foreign countries, it is determined that the normative definition of a
witness, given in Part 1 of Art. 65 of the CPC of Ukraine is imperfect, in connection with which the author's definition of the term "witness" is proposed.
It is stated that the categories of “prosecution witness” and “defense witness” are poorly studied in the theory of criminal procedure, and the criminal procedure
legislation of Ukraine does not contain a definition of these concepts at all.
The issues of discrediting a witness and discrediting a witness's testimony and the impact of these procedures on the recognition of a witness's testimony as evidence in
criminal proceedings are considered.
Particular attention in the study is paid to the right of a witness to use the legal assistance of a lawyer while testifying and participating in other procedural actions. It is
determined that the procedure for engaging such a lawyer, his rights and responsibilities during criminal proceedings are not clearly defined by the CPC of Ukraine, which
negatively affects the exercise of this right by a witness. Author's proposals for amendments to the criminal procedure legislation in order to resolve the issues of
participation of the said subject in criminal proceedings are provided.
The foreign legislation on participation in the criminal proceedings of a witness who has the right to protection has been studied, the possibility of including such a
participant in the criminal procedure legislation of Ukraine has been analyzed. It is determined that the procedural responsibility of a witness, as a specific
procedural means of ensuring criminal procedural relations, consists in imposing on the violator a monetary penalty or the use of a pretext, which is an independent type of legal
liability. The very existence in criminal procedural law of one's own means of securing criminal procedural relations, the nature and peculiarities of which are determined by
the content of these relations, is a guarantee of the performance of procedural duties.The categories of "truthfulness" and "untruthfulness" of a witness's testimony, as well as the
issue of bringing a witness to criminal responsibility for knowingly false testimony, refusal to testify, disclosure without the written permission of the prosecutor,
investigator pre-trial investigation data.
