ПРОБЛЕМА ПРАВОВОЇ ЗАХИЩЕНОСТІ ОСОБИ, ЯК ОДИН З КЛЮЧОВИХ НАПРЯМІВ УДОСКОНАЛЕННЯ ІНСТИТУЦІЙНИХ ТА ОРГАНІЗАЦІЙНИХ ЗАСАД ПРОЦЕДУР ПЕРЕВІРОК НА ПОЛІГРАФІ

Abstract

The article is devoted to the scientific study of the problem of legal protection of a person, in the process of polygraph testing, as one of the key directions of improving the institutional and organizational principles of this procedure. On the basis of the review of studies of foreign and domestic scientists, analysis of current legislation and project of bills on the regulation of printing activities, the author substantiates the necessary legislative changes. The author emphasizes that in Ukraine there is a peculiar situation regarding the use of polygraph. On one hand, there is widespread interest in polygraphic detection of lies in various spheres of public activity, and on the other, there is a lag behind other states in the context of legal regulation of polygraph inspection and protection of the rights of its participants. Th e need to introduce polygraph checks for candidates for positions in government bodies is conditioned by the fight against corruption. However, this must does not give rise to a violation of the rights of the persons being examined. їп the analysis of foreign experience, it is found that in most developed countries, polygraph testing is based on the principle of voluntariness and is accompanied by a number of procedural points aimed at protecting the rights of the persons being examined. In particular, the refusal of a person to test does not qualify as a sign of his guilt and does not entail any adverse consequences for him. At the same time, the author considers the prospect of expanding the public and private initiative of a psychophysiological interview. Important elements of the mechanism of protection of persons undergoing the inspection should be: voluntariness of the polygraph examination, determination of the responsibility of the polygraph examiners, protection of the results of the examination As a result of the research, the author defines "polygraphic secrecy" and proposes a number of changes to both current legislation and draft laws governing polygraphic activity.