DOCUMENTS – EVIDENCE SOURCES AS OBJECTS OF DEMAND AND RECEIPT IN CRIMINAL PROCEEDINGS

Abstract

The article highlights problematic issues related to the mechanism of collecting documents – sources of evidence by using such a method of collecting evidence as demand and receipt in accordance with Art. 93 of the CPC of Ukraine. Considered issues related to: the concept, essence, form and features of a document as a source of evidence; the conditions under which the document can be used as a source of evidence; classification of documents according to the nature of the information (fixed in the documents), which can become the object of a claim in accordance with Art. 93 of the CPC of Ukraine; the essence of the electronic document and its use in criminal proceedings as evidence; ratio of documents-material evidence and documents-sources of evidence; the procedural order of requisitioning and involvement of documents-sources of evidence in the materials of criminal proceedings. Formulation of the problem. According to Art. 93 of the Criminal Procedure Code of Ukraine, one of the ways of collecting evidence by parties to criminal proceedings is to request and receive from state authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals items, documents, information, expert opinions, audit conclusions and inspection reports. However, the unsettledness of certain issues, in particular regarding the mechanisms of claiming and obtaining the specified objects (including documents as sources of evidence in criminal proceedings), necessitates further scientific research in the outlined direction.