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Internal system connection basics of the presumption of innocence and ensuring proof of guilt
Анотація
The article is devoted to the internal system of the presumption of innocence and provision of proof of guilt. The author of the article revealed the essence separate of the presumption of innocence, as well as providing proof of guilt.
It is noted that any principle of criminal proceedings, including presumption of innocence and providing proof of guilt, a priori guarantee that does not deprive its multifunctionality: be the foundation, and guarantee the rights and freedoms of individuals, and part of the mechanism of the rights and freedoms of persons in the course of criminal proceedings, and a means of achieving the objectives of criminal proceedings etc.
It is established that the presumption of innocence is a legal category that is associated with the natural rights of man, and cannot exist separately from other principles of criminal proceedings, and therefore the system is in close relationship with all the principles of criminal proceedings and has an internal interconnection together with provision of proof of guilt.
In the end, the legal category of "presumption of innocence" and "providing proof of guilt" are studied together. Have, between them, in accordance with article 17 of the Criminal procedural code of Ukraine, there is an internal system connection, which is a sign of the unity studied the principles of criminal proceedings.
Exploring the system of mutual connection of the presumption of innocence and provision of proof of guilt in the complex, the article drew attention to the difference in time of their occurrence and end of their actions.
It is established that the internal system interconnection principles of the presumption of innocence and ensure proof of guilt based on the relationship "process result." At the same time providing evidence of guilt of the person is a process and the rebuttal of the presumption of innocence or confirmation of result.
Keywords: principle of criminal proceedings, the presumption of innocence, provide proof of guilt, the internal communication system.