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Article Procedural Powers of the Court as to Examination of Evidence in Criminal Proceedings
Authors
Syza N.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 11 / 2013
Pages 189 - 197
Annotation The nature and scope of procedural powers of the court for examination of evidence in criminal proceedings is disclosed in this article. The court is proved to be the subject of proof; having the authority to obtain and use evidence for substantiation of procedural decisions. The solution of the issue in obtaining evidence can be made by the court whether on a petition from participants in court proceedings or on its own initiative. Based on the analysis of norms of the Criminal Procedural Code of Ukraine, the court determines the limits of a proof. The procedure in recognition of the evidence as inadmissible is considered by the author. A special role of the presiding during the court hearing in implementation of procedural actions aimed at examination of evidence is concluded.
Keywords powers of the court, examination of the evidence, criminal procedure, subject of proof, obtaining evidence.
References
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