SOLUTION TO THE QUESTION OF MATERIAL EVIDENCE: SOME ISSUES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
On the basis of the system analysis of the norms of the Ukrainian criminal procedural law, a comprehensive study is carried out on the procedure for deciding on the question of material evidences in pre-trial and judicial proceedings. Based on the normative provisions and the results of the generalization of judicial practice, conflicts and gaps in normative regulation were identified in the work and proposals were made on improving the criminal procedural legislation of Ukraine in this direction. In particular, the article draws attention to the incorrect practice of judges who do not distinguish between the return of material evidence and their transfer to responsible custody, noting in the operative part «return the holder to responsible custody» and not imposing any obligations on such storage. Also, the authors consider problem that arises when deciding on the issue of material evidences in case of closure of criminal proceedings, but then the closure decision is canceled and the pre-trial investigation should be continued. Based on the analysis of judicial practices, several more problems were identified. They arise in solving the issue of material evidence in the pre-trial investigation. These are cases where material evidence, due to their special properties (for example, cumbersome or the possibility of rapid deterioration), are passed for realization. In addition, in the article, the authors pay attention to the procedure for resolving the issue of evidence in differentiated court proceedings.
Authors and Affiliations
А. Р. , Туманянц, І. О. , Крицька
Keywords
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