THE ESSENCE OF MEANS OF EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

In this article, it has been emphasized that on the pages of professional
scientific literature, the main attention is paid to clarifying the general principles
of criminal procedural evidence, as well as determining the criteria and standards
for collecting, verifying and evaluating evidence from the standpoint of its
relevance, reliability, admissibility and sufficiency. However, unjustifiably little
attention is paid by both scientists and practitioners to the issue of means of
evidence, in particular, determining their essence. It has been substantiated that
means of evidence are an integral element of criminal procedural evidence in
criminal proceedings. It has been emphasized that means of evidence and
evidence in criminal proceedings have common features that indicate and at the
same time determine their interdependence. It has been established that evidence
in criminal proceedings is characterized by a number of features that, in their
entirety, determine its essence, meaning and place in criminal procedural activity:
clear criminal procedural regulation; correlation with international legal
standards; carried out exclusively by authorized subjects; symbiosis of intellectual
and procedural activity; cognitive nature; focus on establishing circumstances
that are subject to proof and are important for criminal proceedings; carried out
only within the framework of criminal proceedings and with the help of
procedural instruments. It has been found that the means of evidence in criminal
proceedings are tools for obtaining, verifying and evaluating evidence during pre-
trial investigation and trial. The main features of the means of evidence in
criminal proceedings have been identified, which in their entirety determine their
essence, are: regulation by criminal procedural legislation of the grounds and the
procedure for their use; aimed at establishing circumstances that are subject toproof and are important for criminal proceedings, as well as motivating the
adoption of procedural decisions and arguing legal positions on procedural
issues; compliance with international legal standards; used exclusively by
authorized entities during criminal proceedings.