Дослідження окремих різновидів речових доказів у судовому розгляді: деякі питання правозастосування

Abstract

The author of the article based on the analysis of actual judicial practice, highlights the problem issues of researchof certain varieties of real evidence in court proceedings in accordance with the procedural order regulated Art. 357 ofthe Criminal Procedure Code.First of all, attention is drawn to the problem of review by the court of large in the volume of material objects thatare recognized by material evidence. The author on the basis of litigation and regulatory acts analyzes cases wherea review of real evidence is necessary at the place of their finding. At the same time, the arguments that should be givenin the requests of the criminal proceedings on this review. are emphasized.Secondly, the author of the article reveals the issue of expediency of conducting material objects in court, the evidenceof which is due to their internal properties that are not available for external unpredictable perception. Taking into accountthis analysis, the author proposes to introduce certain changes to Article 23 of the Criminal Procedure Code.And, finally, the author pays attention to the needs of renewal of domestic legislation on the procedure for researchingdigital evidence in criminal proceedings. This is based on the features of such a category of evidence that causes a newunderstanding of the original and copies of information. Given this, the author offers ways to verify digital informationthat will ensure the verification of its authentities and unchanged, produced in science and practice.The conducted research gave reasons to determine the directions of correction of domestic criminal procedurallegislation on this issue, as well as formulate some scientific and applied recommendations on the procedure for studyingthis categories of material evidence in court proceedings.