The Court as a Subject of Examination and Evaluation of Evidence in Criminal Proceedings

Abstract

The reform of the criminal procedure legislation and the judicial system of Ukraine actualises the need to clarify the boundaries of the court’s activity in criminal proceedings, its role in collecting, verifying, and evaluating evidence to establish circumstances relevant to criminal proceedings. The purpose of the study is to investigate the provisions of the current criminal procedure legislation in terms of examination and evaluation of evidence by the court. A system of general scientific and special research methods was used to achieve the goals set, including dialectical, system and structural, statistical, and system analysis methods. It is proved that within the framework of judicial proceedings, a judge, as a subject of examination and evaluation of evidence, carries out certain research activities. It is proved that this activity is aimed at establishing circumstances and reproducing certain fragments of reality that prove or refute the facts, which results in the formation of an internal conviction in the judge and, ultimately, a court decision. The priority importance of such a basis of criminal proceedings as the immediacy of the examination of testimony, items, and documents is emphasised, which contributes to the full clarification of the circumstances of the proceedings and its objective solution. The study results will contribute to the development of the justice system, considering the best international practices in the context of adversarial criminal proceedings, ensuring the correct and timely consideration of criminal proceedings