ON ISSUES OF EVIDENCE EVALUATION IN CRIMINAL PROCEEDINGS UNDER MARTIAL STATE

Abstract

The scientific article examines the features of evidence assessment in
criminal proceedings under the legal regime of martial law. The emphasis is on
the fact that evidence assessment is a separate element of the evidence process,
and therefore a type of specific activity of authorized participants in criminal
proceedings. Approaches that directly relate to the assessment of evidence in
different historical periods are studied, and the experience and criteria for
assessing evidence in some countries of the world community are also used. The
issue of defining the concept of "internal conviction" during the assessment of
evidence by an investigator, inquirer, prosecutor, investigating judge, and court in
criminal proceedings is considered. Given the above, we believe that the main
disadvantage of internal conviction is the influence of subjective and objective
factors on making relevant decisions in criminal proceedings. The author's vision
is set out on improving the procedure for assessing evidence, which is an
important factor for identifying occupiers involved in committing criminal
offenses and further fair justice.