PRACTICAL ASPECTS OF THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS AT THE STAGE OF JUDICIAL PROCEEDINGS

Abstract

The article is devoted to the issue of determining the scope and procedure for the examination of evidence in court proceedings as the determinism of the subject of evidence. In the process of a brief analysis of the scientific concept of the subject of evidence, the author tries to demonstrate the errors that occur in law enforcement agencies in determining the subject of evidence in practice. The criminal procedure legislation of European countries is analyzed separately, in the part of determining the boundaries of the trial and the subject of evidence.
 The study proved the objectification of the need to change the legal paradigm of thinking in adversarial proceedings, to achieve effective trial, which requires the following:
 
 the prosecution, taking into account the presumption of innocence, in accordance with Part 1 of Art. 349 of the CPC of Ukraine, during the introductory speech, among other things, to inform the defense and the court: a) the limits of the trial on charges; b) the evidence to be provided by the prosecution, their acceptable procedure for examination, taking into account the legal position of the prosecution;
 the defense, taking into account the principle of dispositiveness, in accordance with Part 1 of 349 of the CPC of Ukraine, after the introductory speech of the prosecutor, to make an introductory speech in which, inter alia, to inform the prosecution and the court: a) about his legal position; b) on general measures of protection aimed at refuting the accusation; c) the limits of the accusation, which the defense recognizes as such, to refute the accusation; d) the list of evidence which, in the opinion of the defense, must be declared inadmissible, inadequate or insufficient;
 taking into account such a public determination, the prosecution will be able to form a list of evidence that is subject to examination in court, and which are necessary to prove the circumstances provided for in 91 of the Criminal Procedure Code of Ukraine. In turn, the court, with the help of such interaction, will not only form the boundaries of the subject of evidence, which will affect the effectiveness of the trial, including its temporally effective characteristics, but also ensure the productive realization of their procedural rights and procedural obligations. languages.