ORGANIZATION OF THE PROCESS OF OBTAINING THE VICTIM’S TESTIMONY DURING THE PRE-TRIAL INVESTIGATION

Abstract

Purpose. The purpose of the study is to comprehensively examine the procedural, legal, organizational, and tactical foundations for obtaining testimony from a victim during a pre-trial investigation; to identify the particular features of exercising the right to give testimony or refuse to testify; and to substantiate directions for improving the questioning procedure, taking into account the current needs of law-enforcement practice, the development of digital technologies, and the necessity of protecting the victim’s rights and legitimate interests. Methods. The methodological framework of the study comprises general scientific and special legal methods. The dialectical method was used to reveal the relationship between the victim’s right to give testimony and the objectives of criminal proceedings. The formal legal method was applied to analyze legislative provisions governing the procedure, duration, and recording of questioning, including questioning by videoconference and by an investigating judge. The systemic and structural method made it possible to determine the place of the victim’s testimony within the evidentiary mechanism. Methods of analysis, synthesis, and generalization were used to examine scholarly approaches and judicial practice, while legal modelling was employed to formulate directions for improving the procedure for questioning a victim under Article 225 of the Criminal Procedure Code of Ukraine. Results. It has been established that the victim’s right to give testimony or refuse to testify constitutes an element of their procedural status and a safeguard for the protection of their legitimate interests. The effectiveness of questioning depends on the timely acquisition of victim status, the proper explanation of procedural rights, adequate preparation for the investigative action, the opportunity to provide a free narrative, and the complete recording of the information obtained. The expediency of documenting both the fact of and the reasons for refusing to testify has been substantiated as a means of identifying possible unlawful influence. The importance of technical recording, an appropriate duration, and remote questioning, provided that psychological contact is maintained, has been demonstrated. The safeguarding role of questioning by an investigating judge under Article 225 of the Criminal Procedure Code of Ukraine in preserving evidentiary information and protecting vulnerable victims has been determined. The advisability of retaining a nonexhaustive list of exceptional circumstances for conducting such questioning has been substantiated. Conclusions. The modern model of obtaining testimony from a victim should be aimed not only at compliance with procedural requirements but also at ensuring the completeness and reliability of evidentiary information, the psychological safety of the person, and the prevention of secondary victimization. Promising directions include the wider use of technical recording and remote questioning, improved technical and logistical support, and the development of recommendations for video communication with victims. To ensure legal certainty, it is proposed to legislatively define the types of decisions that an investigating judge may adopt following the consideration of an application under Article 225 of the Criminal Procedure Code of Ukraine, while retaining a non-exhaustive list of grounds for applying this mechanism.