ДОКТРИНАЛЬНІ ПІДХОДИ ДО ВИЗНАЧЕННЯ ПОНЯТТЯ «ПРЕДМЕТ ДОКАЗУВАННЯ»... У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The article is devoted to the problem of defining the concept of «subject of proof» in criminal proceedings in Ukraine. Currently, in the scientific literature, there is a plurality of different views and concepts in understanding the concept and content of «subject of proof», highlighting the «main fact» in the system of elements of the subject of proof, as well as in understanding the limits of proof. The author of the article aims to investigate theoretical and practical approaches to the definition of the concept of «subject of proof» in criminal proceedings, to carry out a comparative analysis of various scientific and practical points of view to the definition of this concept, as well as to improve approaches to understanding the subject of proof. Scientific approaches to understanding the subject of proof and their practical significance in the criminal proceedings of Ukraine are considered. Problematic issues of the concept of «subject of proof» have been identified. Based on the analysis of the literature and provisions of the current Criminal Procedure Code of Ukraine, the essential features of the subject of proof have been determined. The author’s definition of the concept of the subject of proof is proposed, which is a fundamental category of proof and consists in the disclosure of the amount of circumstances (structural elements of the subject) that are subject to establishment in criminal proceedings, as well as other circumstances that are important for the correct resolution of a specific case, and are subject to. The subject of proof includes the circumstances defined normatively in Part 1 of Art. 91 of the Criminal Code of Ukraine, however, is broader and specified in relation to a certain type of criminal offense taking into account the norms of the Criminal Code of Ukraine. The author also analyzed the relationship between the concepts of «subject of proof» and «limits of proof» and established that the concept of «subject of proof» and the concept of «limits of proof» are related, but have different meanings and cannot be equated. It is proved that the limits of proof depend on the subject of proof. Keywords: proof; subject of proof; criminal proceedings, limits of proof, the main fact.