THE RATIO OF PUBLICITY AND CONFIDENTIALITY WHEN PROVIDING SECURITY FOR PARTICIPANTS IN CRIMINAL PROCEEDING

Abstract

The paper deals with the ratio of public and confidential (secret, confidential)
processes of providing safety for participants of modern Russian criminal legal proceedings.
The safety of participants in criminal proceedings is related to promotion of criminal
justice and is aimed at achieving the goal of the criminal proceedings, realized in the context
of a public hearing on the merits. At the same time, the process of ensuring the safety
of participants of the criminal proceedings shall be confidential, giving rise to a contradiction
of two proceedings procedures. The restriction of information on the criminal case violates
the right of the accused person on access to information, the process of proof on
criminal case, realization of the right for protection. At the same time, criteria of such restriction
don’t contradict constitutional norms, which establish the possibility of restricting
individual rights for ensuring the rights of other persons.