| Article | Criminal Proof Theory: Issues of Concern |
|---|---|
| Authors |
Pogoretskyi M.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 10 / 2014 |
| Pages | 12 - 25 |
| Annotation | Due to the analysis of scientific sources of law and practice the article researches relationship between legal categories such as «theory of evidence», «proof theory», «theory of evidence and proof», and suggests the author’s view concerning the theory that studies evidence and proof. The subject of proof theory and theory of evidence was determined. Regarding the results of the study, public views on the concept of evidence in criminal proceedings, material practice and provisions of the Code of Criminal Procedure of Ukraine it is stated that definition of the concept of evidence in criminal proceedings as a unity of facts, procedural sources and procedural forms thereof is the most reasonable and considers its epistemological and legal nature. The author proves that the evidence in criminal proceedings shall arise at the trial stage as well as at the stage of preliminary investigation. The concept of evidence is defined. The structure of proof was identified. It consists of the following elements: 1) obtaining evidence; 2) using evidence to identify facts and circumstances relevant to the criminal proceedings with the view to substantiate legal positions of parties to criminal proceedings. |
| Keywords | proof theory, evidence, sources of evidence, procedural form, proof. |
| References | |
| Electronic version | Download |