PROBLEM QUESTIONS IN RELATION TO COLLECTION AND PRESENTATION OF PROOFS IN CRIMINAL REALIZATION BY THE SIDE OF DEFENCE

Abstract

The article is sanctified to research of activity of side of defence in criminal realization, related to collection and presentation of proofs in the conditions of the current Criminal judicial legislation. Paid attention analysis of corresponding theoretical sources, and also positions of the Criminal Procedural Code of Ukraine, Law "On advocacy and advocate activity", that regulate right and duties defender in relation to collection and presentation of proofs. Marked, that existent positions of Ukraine testify to inequality of legal methods the assemblies of proofs, that a legislator gave to parties of prosecution and defence. Except it, giving a right to summon proofs to the side of defence, envisaged no legal guarantees of his realization. In this connection, a defender during realization of the right follows the Law of Ukraine provisions "About advocacy and advocate activity". It is established in this connection, that although Law of Ukraine "On advocacy and advocate activity" clearly envisages the judicial order of receipt of proofs a defender, they can be not confessed by possible, as in obedience to the century of 86 of the Criminal Procedural Code of Ukraine proof confesses possible, if he is got in the order set only by the Criminal code of practice. The criteria of admission of the proofs collected and given by the side of defence are considered, namely, proper judicial form, proper judicial source and due to the subject of assembly of proofs. Opinions of scientists are analysed on this occasion. It is established on the basis of analysis of theoretical sources and legislation, that on this time there is a row of the problems related to collection and presentation of proofs by the side of defence in criminal realization. Reason of it are imperfection and absence of the proper legal mechanisms of settlement of methods of realization of collection and presentation of proofs by a defender, not systems of rights for a defender at collection and presentation of proofs, the judicial form of realization of right for a defender is not envisaged on collection and presentation of proofs. In addition, side of defence at collection and presentation of proofs has far fewer legal facilities, than side of prosecution.