Review

The Article gives a decent attention to the institute of witness immunity in criminal proceedings of two different countries, Ukraine, which belongs to the Romano-Germanic legal family, and England, a representative of Anglo-Saxon legal family, relying on techniques of the comparative-legal analysis.

It carefully explores the existing national studies of the issue, which mostly fail to ensure the full disclosure of the immunity of witness in the criminal proceedings and its classification that in turn prevents from solving all current problems of law enforcement in Ukraine.

To promote a deeper understanding of what is lacking, this Article summarizes the existing theory of criminal procedure law on the content and type of immunity of witnesses existing in Ukrainian legislation and offers perspective ways to categorize the notion of witness immunity. Accordingly, the Article proposes to divide the immunity of witness into two distinctive groups: a) the personal direct immunity of witness and b) the mediated lawful immunity of witness. Similarly, the Article examines the institute of witness immunity represented in the country with Anglo-Saxon (precedent) system of law, England, expanding on its broad interpretation and extensive experience. Although in England the privileges of witness are legally established, their provision in some way depends on the judge's discretion, whereas in the Ukrainian criminal procedure a witness who referred to immunity right may insist on it and refuse to give evidence on a legitimate basis. Finally, the Article draws conclusion highlighting distinctive features of witness immunity in both countries and offers suggestions of further improvement of the institute in Ukrainian legislation. Particularly, the normative definition of the circle of family members baring witness immunity should be clearly defined in Ukrainian legislation as well as the guarantees of the implementation of immunity for minors are to be strongly established.

Key words: criminal procedure, criminal proceedings, witness, immunity of witness, Criminal Procedure Code of Ukraine, Criminal Procedure law of England, comparative-legal analysis, right to protection.