ЩОДО РОЗУМІННЯ СПІВВІДНОШЕННЯ ПОНЯТЬ ПРЕДМЕТ ДОКАЗУВАННЯ ТА МЕЖІ ДОКАЗУВАННЯ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The article is devoted to the relationship between the subject and the limits of evidence in criminal proceedings, establishing their relationship. The correct definition of these concepts in practice contributes to the fulfillment of the tasks of criminal proceedings, in particular, by establishing all the circumstances that are subject to proof in criminal proceedings. The subject of proof and the limits of proof have been creating a debate among scientists and practitioners for a long time due to their uncertainty, as they are of essential importance for the process of proof in criminal proceedings, and accordingly, the relevance of this topic is obvious. The author of the article aims to solve the problem related to the perception of the subject of proof and the limits of proof as equivalent concepts, to establish the relationship between the subject and the limits of proof in criminal proceedings, to propose possible ways of solving other urgent problems related to the topic of the article. The author considered scientific approaches to understanding the subject of proof and the limits of proof, as well as their practical significance. Problematic issues of the relationship between the subject matter and the limits of evidence in criminal proceedings have been identified. Based on the analysis of the literature and the provisions of the current Criminal Procedure Code of Ukraine, the essential features of these concepts were determined, which further contributed to their delineation. It is proposed to understand the subject and the limits of proof as interrelated categories, but not equivalent.