THE INSTITUTION OF WITNESS IMMUNITY IN THE COMMERCIAL PROCESS AS A BALANCE BETWEEN THE PUBLIC INTEREST AND THE PROTECTION OF HUMAN RIGHTS

Abstract

The article is devoted to the study of the legal structure of "witness immunity" in the modern economic process of Ukraine. It is determined that the current legislation of Ukraine does not contain a clear definition of the concept of "witness immunity" as a legal category, but there are different scientific approaches to understanding and interpreting its content. The position of scholars regarding the inconsistency of the interpretation of "witness immunity" and the legal position "the possibility of refusing to testify against oneself" was supported. The content of "absolute witness immunity" is revealed - as a complete ban on interrogation of a person as a witness in a business process and "relative witness immunity" - as the right of a person to refuse to testify or refuse to answer certain questions. In our opinion, the "absolute immunity" of a witness can be called the insensitivity to involve a certain group of people as a witness. That is, the presumption of the inviolability of the witness in the economic process. Accordingly, "relative immunity of a witness" is a set of rules that exempts certain groups from the obligation to testify in the economic process. The article lists the categories of persons who have the right of absolute immunity of a witness and relative immunity of a witness. It is determined that in the economic process the journalist's testimony can be attributed to the immunity of a witness, because according to the principles of journalistic ethics, the journalist's duty is to maintain the confidentiality of the source (name of the person who entrusted the journalist). This provision is confirmed by international law. Found out that witness immunity belongs to the category of morality because the institution of witness immunity demonstrates a balance between the public interest in establishing the truth in economic proceedings and the need to preserve the private interests of the individual. It is established that immunity for a witness in the economic process is a separate institution of justice, aimed at the protection of human rights and freedoms.