EVIDENCE IN CRIMINAL PROCEEDINGS AND PROCEEDINGS ON ADMINISTRATIVE OFFENSES: COMPARATIVE LEGAL ANALYSIS

Abstract

In the context of modern challenges to the legal system, problems regarding evidence in criminal proceedings and proceedings on administrative offenses become particularly relevant. Evidence is the basis of building any accusation and proving the guilt or innocence of a person.

Having studied the concept of evidence in criminal procedural law and the law of administrative responsibility, it should be noted that this definition is sufficiently developed by scientists and universal. Evidence actually contains information about an event. Such information is contained in various sources, recorded in various forms: testimony, physical evidence, documents, and expert opinions. In the Administrative Code of Ukraine, such a list is recorded more widely. At the same time, neither the legislation on administrative offenses nor the criminal procedural legislation covers all the sources from which it is possible to obtain information about offences. In particular, the given list of sources of evidence does not include all the variety of factual data that can be obtained, for example, using information and communication technologies.

In the Code of Criminal Procedure of Ukraine (Articles 85, 86), the legislator established requirements regarding the propriety and admissibility of evidence. Inadmissible evidence cannot be used when making procedural decisions, it cannot be referred to by the court when passing a court decision. The Criminal Code of Ukraine does not directly establish requirements regarding the propriety and admissibility of evidence.

In the Criminal Procedure Code of Ukraine, the requirements regarding the propriety and admissibility of evidence are clearly defined and established by a separate norm. In the Civil Code of Ukraine, such requirements are not so clearly recorded, which is why in practical situations there are cases when courts refuse to add to the case materials evidence that could affect a more objective resolution of the case.

The author concludes that there is a need to enshrine in a separate article the norm regarding the sufficiency of evidence in criminal proceedings and proceedings on administrative offenses.