Activities of the court to investigate the circumstances of criminal proceedings and their assessment under the laws of Ukraine

Abstract

Sand investigates the procedural possibilities of the court to investigate the circumstances of the criminal process at the trial stage, by analyzing the current criminal procedural legislation of Ukraine, judicial practice, the positions of scientists, as well as by using modern methods of scientific knowledge (dialectic, systematic analysis of legal norms, comparative, statistical, synergistic, hermeneutic, structural, and formally dogmatic system). It also clarifies the essence of scientific and legal categories such as «circumstances of criminal proceedings», «verification of evidence», «evaluation of evidence», etc. It was concluded that during the trial the evidence is examined in accordance with a certain procedure and with the participation of the participants in the criminal proceedings, who have the right to ask questions, draw the attention of the court, lodge appeals, etc. Investigative (search) actions have been identified as the most common procedural means of examining evidence in criminal proceedings. It is emphasized that the evaluation of the evidence by the court, unlike inspection, is not combined with any practical action and is a purely mental, logical activity, which aims to determine the admissibility, relevance, reliability, value (strength) of each.