Review

There is considered in the article a very narrow question relating to the actions of witnesses with their participation while investigative (search) actions are conducted. It was given the author's concept of who can be a witness, the status of a witness, his/her rights and duties were analyzed. There were   reviewed some examples of active participation of the witnesses in the investigative actions. So it was proved that a witness can not only observe the actions of the investigator and operational officers but at their request to assist them in the conduction of the investigative (search) actions in which he/she was involved. There are made some propositions to the Supplement of article 3 of the CPC of Ukraine p. 15-1 and a proposition of addition to the new CPC of Ukraine article 68-1, concerning the rights and duties of the witness with the fixing in it the ability of a witness (with his/her consent) to the legitimate request of the investigator to take an active part in the investigation  actions.

It is noted that in case of need, criminal proceedings may involve concepts for participation in conducting investigative (search) actions. Concepts should have the right: to know in what investigative (search) action from will participate, demand from the investigator, the prosecutor the explanation of the essence of this action and its course; To take part in the conduct of appropriate investigative (search) actions from the beginning to the end; Get acquainted with the protocol of the relevant investigative action; during the conduct of investigative actions, how to observe their conduct, and on the lawful appeal of the investigator, the prosecutor to take an active part in them, with his consent; To make observations during the conduct of investigative actions, as well as to review the protocol of these actions. Concepts are obliged: upon the lawful request of the investigator, the prosecutor to consent to participate in conducting investigative (search) actions with his participation; To report their personal data, and to confirm them with the relevant document; Obey a lawful order and appeal, a person who conducts investigative (search) actions; not to leave the place of investigation (search) action without the permission of the person who conducts it; To sign the protocol of the relevant investigative (search) action with their comments on it, or without them; Not to disclose without the permission of the investigator, prosecutor and court information which became known to him during the conduct of investigative (search) actions.

Keywords: witnesses, criminal process, the stage of pre-trial investigation.