| Article | Certain Aspects of Proof in Applying Measures to Ensure Criminal Proceedings by Investigating Judge |
|---|---|
| Authors | Hloviuk I. |
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2014 |
| Pages | 97 - 105 |
| Annotation | The article deals with the problem of proof in applying measures to ensure criminal proceedings by investigating judge. The value of category «local fact in proof» when identifying circumstances subjected to determination in deciding the application of measures to ensure criminal proceedings is reasoned; the general local fact in proof as well as additional elements for application of provisional access to items and records, temporary restriction of special right and preventive measures are determined. The rules of distribution of burden of proof are defined and evidentiary presumption is stated. The role of investigating judge as a subject in proof in application of preventive measures is analyzed and drawbacks of normative regulation of his/her responsibility are mentioned. |
| Keywords | investigating judge, pre-trial proceedings, local fact in proof, burden of proof, duty of proof, measures to ensure criminal proceedings. |
| References | |
| Electronic version | Download |