ПРОЦЕДУРА ВИЗНАЧЕННЯ ОБСЯГУ ДОКАЗІВ У СУДІ ПЕРШОЇ ІНСТАНЦІЇ ТА ПОРЯДОК ЇХ ДОСЛІДЖЕННЯ

Abstract

The article focuses on the problem of defines the volume of evidence to be research and the system of their researching in the court of first instance including those evidence that arising in connection with changing dated 04.10/2019 in the Criminal procedural Code of Ukraine. The purpose of the article is to analyze the legislation and propose ways to improve current legislation in order to optimize procedures aimed at planning the research of evidence in the court of first instance. The current the Criminal procedural Code of Ukraine assumes that the amount of evidence to be research, the court receives not in the form of protocols, of proprietary evidence or other materials, and with a application speech, which is proclaimed by the parties at the beginning of the court session. Introductory speech is the first information that builds a court views about evidences, through which the parties intend to substantiate the substitution of their legal positions concerning the prosecution, their affiliation, admissibility and sufficiency, order of their research into Court hearings, as well as the content of other legal positions of the parties in this proceeding. During the proclamation of the application speeches, the parties cite the amount of evidence on which their position is built, after which the court must investigate the evidence submitted by them. To construct a structural and logical study of evidence, a necessary plan for such a study and establish the evidence study procedure. Under the concept of 'evidence research ' procedure, it is proposed to understand a certain sequence and order of of actions that will depend on a particular criminal proceeding. In the study of evidence, the court should consider the specifics of the proceeding; Specifics of the evidence submitted by the Parties; Focus how long it takes to study the submitted evidence. If a party raises a question about inadmissibility evidence, such doubt should be in writing decorated with appropriate evidence. A party that opposes such a written application shall refute such a statement by submitting the court its arguments. In the article analyses questions about inadmissibility evidence and making a propose to introduction procedure to recognition evidences how inadmissibility. In the presence of a substantiated position of rejection in the acceptance of evidence, the party may in writing argue about the recognition of such evidence invalid.