Problems of Evidence Assessment by Investigating Judge when Considering Motions for Application of Measures to Ensure Criminal Proceedings

Abstract

The article analyzes the problems of evaluation of evidence by the investigating judge in terms of their relevance, admissibility, reliability, and the totality of the evidence collected - in terms of sufficiency and interconnection when considering motions for the application of measures to ensure criminal proceedings. The leading scientific positions and practices of judges on this issue are analyzed. It is established that the problem of evidence assessment by the investigating judge when considering motions for the application of measures to ensure criminal proceedings requires both amendments to the existing norms of the Criminal Procedure Code of Ukraine and the adoption of new norms aimed at improving the regulation of certain aspects of the organizational component of the criminal process (determining the procedure for applying measures to ensure criminal proceedings). It is proposed that specific issues be resolved at the level of the Plenum of the Supreme Court by adopting clarifications of a recommendatory nature.