ELEMENTS AND SUBJECTS OF THE PROOF PROCESS IN CRIMINAL PROCEEDINGS IN THE CONDITIONS OF THE LEGAL REGIME OF MARTYR STATE

Abstract

The article emphasizes that the key elements of the evidentiary process
include: identification and collection of evidence, its initial and subsequent
verification, assessment of the admissibility, relevance, reliability and sufficiency
of each piece of evidence both independently and in the system of all collected
materials, as well as their use when making relevant procedural decisions. It is
found that these issues acquire particular relevance in the legal regime of martial
law, when the possibilities of rapid response, ensuring procedural guarantees and
the balance of rights and obligations of the participants in the process are subject
to additional challenges. It has been established that the subject composition of
the evidentiary process is divided into two main groups: subjects who carry out
the evidentiary process (investigator, inquirer, prosecutor, investigating judge,
court), and subjects who contribute to the evidentiary process or have an interest
in it (defense party, victim, representative of a legal entity, witnesses, experts,
specialists, translators). It has been noted that each of these subjects performs a
unique function that ensures the systematic and complete collection, research,
evaluation and use of evidence. It has been emphasized that special attention
should be paid to ensuring the balance of procedural rights, in particular, avoiding
the erroneous transfer of the burden of proof to the defense or replacing the
presumption of innocence with its opposite. It has been established that the active
participation of both parties in the adversarial process, especially in conditions of
martial law, makes it possible to ensure a fair trial and guarantee real protection
of human rights. It is emphasized that the effective organization and
implementation of the evidentiary process with the participation of all subjects
and subject to strict adherence to the elements of the evidentiary process is the
key to impartial and fair justice in criminal proceedings, regardless of the action of
martial law.