On the problem of state protection of victims and witnesses in criminal proceedings

Despite the fact that the Federal law of 28.12.2013 "On introducing amendments to certain legislative acts of the Russian Federation in order to improve the rights of victims in criminal proceedings” came into effect in 2014, the issue of victim protection during preliminary investigation and trial remains important. The list of security measures provided in the law (article 11 of the Criminal Procedure Code) is not complete. Article 186 of the Criminal Procedure Code indicates as grounds for the application of these protective measures only the existence of threats of violence, extortion and other criminal acts, without defining the criteria for assessing the degree of danger in which protection is required and how intense the level of protection should be. According to the author, this is a shortcoming of procedural law, which leads in practice, not only to the difficulty to select protective measures but also to ensure the effectiveness of these measures. According to the author, protection should not depend on victim's statement, as he may not know about the existing law; the initiative must come from the state.