- Journal Issues
- № 2 2015 Competitive criminal proceedings
- Problems of criminal procedure
- Realization of principle of competitiveness of sides by prosecuting party during the pre-judicial inquiry
Realization of principle of competitiveness of sides by prosecuting party during the pre-judicial inquiry
Review
This article is devoted to the study of the issue of reception of evidence by prosecuting party during pre-trial investigation. Questions of elements of criminal procedural proving and taking part in the process of reception of evidences by the sides of prosecution and defense were considered in the article. Credentials of such parties of criminal procedures as the prosecutor, legal investigator, chief of pre-trial procedural investigation department, operational departments, injured party concerning acquisition of evidence were analyzed in the article. Methods of evidence receipts during pre-trial investigation by prosecuting party were examined, and it was mentioned that there are certain gaps and discrepancies (in the Criminal Procedural Code of Ukraine) which don’t correspond to requirements of legal techniques of principle of competitiveness. Proposals concerning improvement of procedural form of reception of evidence by sides of prosecution and defense were formulated.
Keywords: principle of competitiveness, proof, receipt of evidence, methods of collecting of evidence, methods of receipt of evidence.