Infopaket

Evidence and proof in criminal proceedings

ДВС 10.03

Обов’язкова дисципліна для ОП

First

2021/2022

8 Semester

5

Know: subject, task and methodology of the course "Evidence and proof in criminal proceedings » its place in the criminal procedural law system and theory of evidence and proof. Know: doctrinal approaches to understanding of the legal nature of criminal procedural proof and forensic evidence and their methodological basis. Know the procedural conditions, regulatory structure, stages, subject, purpose, duty and burden, standards and means of court proof in criminal proceedings. Demonstrate function of argumentative activity as a technique of thinking and persuasion in structure of evidence. Demonstrate an understanding of the legal nature of forensic evidence, ability to analyze their properties, know grounds and procedure for their recognition as inadmissible. Conduct distinction between materials that may have probative value and forensic evidence as a product of judicial activity of the parties and the court.

Full-time form

To master the discipline, students must have the following knowledge and competencies: know the main international and EU normative documents on ensuring human rights in the area of criminal justice; criminal procedural law of Ukraine, domestic current legislation on the judiciary and the status of judges, on operational and investigative activities; criminal law; use theoretical knowledge based on the results of studying disciplines: "Theory of Law", "Criminal Procedural Law", "Judiciary of Ukraine", "Advocacy Of Ukraine "," Prosecutor's Office of Ukraine", "Criminalistics"; be able to analyze the case law of the European Court of Human Rights, the Constitutional Court of Ukraine, decisions of the Supreme Court, case law of courts of general jurisdiction; apply the acquired skills in criminal proceedings, during the internship in prosecutor's office and courts; have skills in working with research literature, analytical and statistical materials.

When studying the discipline students form ideas about the legal, logical, epistemological, psychological nature of proof in criminal proceedings, as a kind of argumentative thinking of the part of the prosecution in court to substantiate their legal position. The duty and burden of proof are indicated. The normative structure and stages of judicial proof, its differences and relationship with the legal cognition at the stage of pre-trial proceedings are substantiated. Characteristic of the standards of proof is given. Special attention is paid to the procedural nature of the formation of judicial evidence as basic means of proof and their legal structure, including procedural and legal, information, judicial communication and fact-finding segments. In this regard criteria for establishing compliance, admissibility, weight, reliability and sufficiency of judicial evidence and declaring them legally insolvent are stated.

1. Constitution of Ukraine of June 28, 1996 // - Access mode: http://zakon3.rada.gov.ua/laws/show/254к/96-вр 2.Universal Declaration of Human Rights. Adopted and declared by resolution 217 A (III) of UN General Assembly of December 10, 1948: - Access mode : http://zakon2.rada.gov.ua/laws/show/995_015 3.Shumylo M. Ye. The concept of "evidence" in the Criminal Procedural Code of Ukraine: an attempt to critically rethink the ideology of the regulatory model // Bulletin of the Supreme Court Of Ukraine. - 2013. - № 2 (150). - P. 40-48 4. Pohoretskyi M. Theory of criminal procedural proof: issues // Law of Ukraine. - 2014. - № 10. - P.12-25. 5.Vapnyarchuk V.V. Theory and practice of criminal procedural proof. H.: Yurait, 2017. 408 p. 6.Panova A.V. Recognition of evidence inadmissible in criminal proceedings. H.:Law, 2017. 256 p. 7.Pohoretskyi M.A. A new concept of criminal procedural proof. Bulletin of criminal proceedings. 2015. №. 3. pp. 63-79.

Lecture, seminar, student’s individual work.

Survey, discussion, writing research work (paper, theses), exam Semester forms of assessment: 1. survey - up to 5 points; 2. participation in practical (seminar) classes - 1 point; 3. elaboration of practical materials - up to 5 points; 4. individual research work (paper, theses) - up to 20 points. The maximum score that a student can receive as a result of studying during semester is 40 points. The minimum score that a student must receive for the appropriate forms of assessment is 24 points. - final assessment: an exam conducted orally or in writing. According to the results of the final form of evaluation (exam) the student can get maximum 60 points. The final grade for the discipline is formed by adding the number of points, obtained during the semester, and the number of points obtained in the final form of evaluation (credit) and this amount of points may not be less than 60 points.

Ukrainian