Review

This article explores the theoretical and practical aspects of the event of a criminal offense as an element of the subject matter of proof in criminal proceedings. Special attention is paid to its critical role as an integral component of human rights protection, implemented by both the pre-trial investigation authorities and the defense. The article analyzes that the establishment of the presence or absence of a criminal offense event is a fundamental basis for initiating or closing criminal proceedings, serving as a key guarantee against unsubstantiated accusation and procedural coercion.

The purpose of the article is to examine the subject matter of proof and its role in ensuring human rights, with a particular focus on the significance of the event of a criminal offense, specifically highlighting that the event of a criminal offense, like the subject matter of proof in general, is an integral part of human rights protection in criminal proceedings. The author defines the general subject matter of proof and the objectives of the participants in the proving process, particularly characterizing the circumstances subject to refutation or establishment by a lawyer.

The article employs general dialectical, system-structural, structural-functional, and other methods to analyze the norms of the Criminal Procedure Code of Ukraine and the Criminal Code of Ukraine, study current judicial practice, and identify the complex of circumstances subject to proof. It is emphasized that the effectiveness of human rights protection directly depends on a clear understanding and proof of the circumstances related to the event of a criminal offense. This is because the event of a criminal offense serves as a guarantee of rights protection not only by the defense counsel but also at all levels of the criminal justice system. It represents a fundamental guarantee that precludes unsubstantiated prosecution.