SOME ASPECTS OF LEGAL NATURE OF DOCUMENT AS PROCEDURAL SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS OF UKRAINE
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 64, Issue 3
Abstract
The article deals with the consideration of the legal nature of documents as procedural source of evidence in criminal proceedings of Ukraine. The purpose of this article is to examine the features of a document as a procedural source of evidence, to determine its form and content, to study of problematic issues related to evaluation relevance, validity and reliability of the document as source evidence in criminal proceedings. The article considers the features of the document as a source of evidence, the first of which is that it originated not accidentally, but was specially created to preserve definite information. The second feature is that it contains information in the form certain signs that can be used as evidence: sounds, images, text, etc. (consequently, correspond to the signs of relevance, admissibility, reliability). The third sign of documents as sources of evidence is the reference to the fact that they should be drawn up in criminal proceedings or in relation to it, and accordingly –by an authorized person in accordance with the procedure established by law. The significance of material and informational component of the document is revealed. Specific features of establishing characteristics and properties of certain types of documents and determining their belonging to material evidence or documents are pointed out. The issue of evaluation of relevance, admissibility and reliability of certain types of documents as a procedural source of evidence in terms of current legislation standards is investigated. The issue of determining the pertaining of a video recording to material evidence or documents due to a specific process of its formation and research, which differs from traditional written documents is considered. Attention is focused on the fact that when assessing acts of audits and inspections as sources of evidence, there arise a number of discussion issues related to the assessment of relevance, admissibility and reliability of such source of evidence.
Authors and Affiliations
Daria Davydova
Keywords
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- EP ID EP408967
- DOI 10.32366/2523-4269-2018-64-3-158-163
- Views 81
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