THE ASPECTS OF RELEVANCE BETWEEN THE NOTIONS OF “NON-ESTABLISHMENT” AND “FAILURE OF EVIDENCE” OF THE CONDITIONS THAT MAKE THE CONTENT OF THE PROCESSUAL DECISION ON THE OF CLOSURE CRIMINAL PROCEEDINGS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
In the article the aspects of determining the position within which the concept of “failure of evidence” is correlated with the notion of “non-establishment” within the framework of the law understanding of not establishing sufficient evidence for proving the person’s guilt are analyzed, the Author grounds the prospects of the institution’s closure of the criminal proceedings without sufficient evidence to prove the guilt of the person in court and complete opportunities to get them. The definition of actual circumstances’ proof always exists in the process of criminal proceeding as its logical beginning. One may consider it as a process that precedes the intermediate and final decisions making in the proceeding. The essence of the process is the assessment of the reached knowledge level from the side of its sufficiency for the taken decision substantiation. The requirements of the substantive and procedural laws determine social direction of criminal proceeding in the process of setting truth in criminal actions and play the role of information cognitive model through which the investigator and the Court always compare and adjust the way and the results of their work capturing it in their decisions. At the same time the notions of “facts sufficiency” or “evidence sufficiency” which reflect in the Law and are widely used in the investigatory and court practice either need further studying. It couldn’t be said that this problem wasn’t studied by the scientists. They researched the process of proving and its intermediate or final results in performing such procedural actions as starting of the pre-trial investigation, arrest and notification of suspicion, the completion of investigation in various forms. However, there are substantial reserves whose realisation should give serious help in investigatory practice and jurisprudence. The reason for this is that the Law doesn’t define and cannot define which weight of evidence or facts in every case should be sufficient for the justification of taken decision. One should highlight the evaluation of proof sufficiency that is a logical process limited by the personal characteristics of the investigator, prosecutor, judge and their personal view on proof sufficiency. The Law provides “an optimal minimum” of knowledge reached for the particular period of proving that precedes the decision. That means that the official shouldn’t act under this level because of the mistake possibility which could leads to the wrong decision of the case. In this regard the Law directs the process of proving to the way of coherent credible studying of the knowledge system and its grounding by an actual base of using the Law. Given possibility and necessity is important for all procedural decisions which justify the achievement of relevant limits of proof, in other words the law algorithm its legitimacy and validity
Authors and Affiliations
М. О. , Колесник, Л. М. , Соловйова
Keywords
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