ВПЛИВ ПРАВОВИХ ПРЕЗУМПЦІЙ НА ОБСТАВИНИ, ЯКІ ВХОДЯТЬ ДО ПРЕДМЕТА ДОКАЗУВАННЯ... У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The article is devoted to the study of some problematic issues related to the influence of legal presumptions on circumstances that are part of the subject of evidence in criminal proceedings. The author analyzed the legislative, theoretical and practical basis related to the issue of the influence of legal presumptions on the subject of proof, and in particular on the circumstances that are part of it. The purpose of this article is to consider and study the issue of the influence of legal presumptions on the subject of evidence in criminal proceedings, as well as to substantiate the importance of legal presumptions for the criminal process in general and for the subject of evidence in particular. In his research, the author focuses on the lack of a single approach to understanding the legal nature of presumption in the criminal process, however, based on the analysis, he generalizes that modern legal science singles out and uses the term “legal presumption”, which is a legal aspect of the general concept of assumption. Draws attention to the need to establish the essence and limits of the influence of presumptions on criminal procedural evidence, otherwise it will contribute to the emergence of problems in the practice of law enforcement. During the research, the author used general scientific research methods (analysis, synthesis, induction, deduction, analogy, abstraction, generalization), the dialectical method of learning the phenomena of objective reality) and special legal methods – formal-logical, comparative-legal, structural-organizational. The author established that legal presumptions are of great importance for criminal proceedings, namely, they influence the formation of the criminal process as a whole, its individual institutions, as well as individual stages of the process; affect the process of proof, since legal presumptions can have an impact on the subject and limits of proof, participate in the distribution of the burden of proof. Also, on the basis of the conducted thorough analysis, the author’s definition of legal presumption is proposed – as a means that is binding due to its direct or indirect enshrining in legislation and on the basis of probable assumptions – contributes to the establishment without evidence of some legal facts, events, phenomena, social relations, which may lead to certain legal consequences and affect legal relations. In addition, conclusions were made about the need to supplement the current Code of Criminal Procedure with the presumption of mental health (sanity) and the presumption of knowledge of criminal legislation