Problems of determination of the scope of evidence and order of their examination in judicial proceedings.
Journal Title: ПИТАННЯ БОРОТЬБИ ЗІ ЗЛОЧИННІСТЮ - Year 2017, Vol 1, Issue 33
Abstract
This article is dedicated to a novel of criminal procedure legislation, which provides for the order of determination of the scope of evidence and their study in the process of judicial examination (art. 349 of the Criminal Procedure Code of Ukraine). The concept «scope of evidence» is analyzed and its correlation with the limits and the ultimate fact is established. A particular attention is paid to the examination of the problem of evidence study and verification in judicial proceedings. Some arguments are given concerning the position, that the evidence research on the stage of judicial examination provides for the realization of their verification. The determination of the scope of evidence to be researched suggests the establishment of their relevance and admissibility. In this regard, the article draws attention to the practice of the European Court of Human Rights. The possibilities of determining the optimal order of investigating evidence in a court proceeding are also analyzed in the work. The article considers the specifics of the simplified procedure for the study of evidence and a shortened trial. The opinion is expressed on the expediency of establishing certain conditions (or limits) in the use of these procedures.
Authors and Affiliations
І. І. ШЕПІТЬКО, I. I. Shepitko
Keywords
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