Свобода від самовикриття та право не свідчити проти близьких родичів та членів сім’ї як засада кримінального провадження

The scientific article states that the consolidation of human rights by the state is guaranteed by the mechanism of their implementation. One of the fundamental rights provided by Article 63 of the Constitution of Ukraine is the right not to testify against themselves or their close relatives and family members. In this scientific article, it is emphasized that this right plays a special role in the field of criminal procedure, since in accordance with the current Criminal Procedure Code of Ukraine it is one of the principles of criminal proceedings. The authors emphasize that the recognition of this right may indicate a conflict between public and private interests in criminal proceedings. The purpose of this study is to determine the basic conditions for the implementation of this principle and its assistance in fulfilling the tasks of criminal proceedings. First of all, the authors pay attention to the history of the formation of the right of a person not to testify against himself or his close relatives and family members, considering in particular the stage of the origin of the principle of «witness immunity» in the law of ancient states, and further features of its application in the period of the Middle Ages, the Enlightenment, as well as the development of this principle on the territory of Ukraine. An analysis of the norms of the Constitution of Ukraine and the Criminal Procedure Code of Ukraine, which are modern sources of the right not to testify against themselves and close relatives, has been carried out. It was found that the content of this basis of criminal proceedings is the totality of the rights of a person: not to answer and not to testify about suspicion or accusation, and on any other issues that may eventually become the basis for suspicion, the right to refuse to answer questions; not to testify against yourself; be informed of these rights, etc. The features of realization of these rights by different subjects of criminal proceeding are considered. It is noted that the implementation of this principle should be guaranteed at all stages of criminal proceedings, but the focus is on pre-trial investigation. Additionally, the authors note that this right can be implemented before the start of criminal proceedings. The violation of the principle of freedom from self-disclosure on the example of the case of the European Court of Human Rights is analyzed.