| Article | Criminal Evidence: Legal Concept or Definition? |
|---|---|
| Authors |
Hmyrko V.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2014 |
| Pages | 26 - 35 |
| Annotation | This article analyzes the reasons for which Ukrainian scholars of criminal procedure the substantiate legal definition of «evidence» concept. The author suggests that the proponents of this approach believe that the concept of «procedural evidence» has some mystical essence, which creates the basis for the statutory definition of «evidence». Relying on a methodological analysis of the phenomena of «concept» and «definition», the author concludes that proof has no independent essence but only serves as a sign of a certain factum probans. The article ends by concluding that there is no reason to include legal definition of evidence in the Code of Criminal Procedure (Art. 84, Part 1), and offers a pragmatic approach to resolve the issue in line with contemporary European practice in justice. |
| Keywords | evidence, proof, methodology, activities concept, definition, sign fact, function |
| References | |
| Electronic version | Download |