Obtaining the testimony of a minor during the pre-trial investigation under the laws of Ukraine
The scientific article, based on the provisions of the theory of criminal procedure, criminology, psychology, reveals the problems of obtaining the testimony of a minor during the pre-trial investigation according to the laws of Ukraine. It is noted that the method of obtaining testimony should be based on the age and procedural status of the minor, which requires a special approach considering the vulnerable state, social immaturity, and the risk of violation of the rights and freedoms of such persons. The study used general scientific methods to determine certain legal categories that characterize the interrogation procedure of a minor, as well as special methods. The practice of introducing «green rooms» in the field of criminal justice is recognized as promising, as the child’s environment during relevant procedural actions is extremely important for establishing contact with the child. It is concluded that the lack of desirability of classifying a minor suspect as a subject for questioning in court during a pre-trial investigation is justified, as it would be contrary to the requirements of the law on the immediacy of the examination of evidence in court.
test; youthful testimony; interrogation of a minor; pre-trial investigation; juvenile legislation in Ukraine.
Viktoriia Zarubei, Yuliia Komarynska, Andrii Babenko, Yuliia Sukhomlyn y Nataliia Kononenko. Obtaining the testimony of a minor during the pre-trial investigation under the laws of Ukraine. CUESTIONES POLÍTICAS. 2021. Vol. 39 Nº 70. Рр. 368 - 384.