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Встановлення події кримінального правопорушення: проблемні питання доказування у кримінальному провадженні

Year: 2025
Type: article
Abstract: The main issues related to proving the circumstance that must be established in every criminal proceeding – the event of a criminal offense – are revealed. The relevance of the publication is due to the need to clearly define the content of the event of a criminal offense, the proven or unproven existence of which directly affects the course of the pre-trial investigation and trial. The purpose of the publication was to highlight the problems that arise in connection with establishing the event of a criminal offense during the evidence in criminal proceedings and the ways to successfully resolve them. These problems are inherent in most stages of criminal proceedings. The work was carried out on the basis of the use of general scientific and special methods of scientific knowledge. Of the general scientific, in particular, the system-structural method and methods of functional analysis were used, and of the special, mainly, formal-legal and logical-procedural methods. The main legislative norms related to the topic of the publication were analyzed. It is noted that during the pre-trial investigation, questions often arise regarding the establishment of the act (event) of a criminal offense. If these questions are not resolved, it is time to apply the constitutional provisions and basic principles of criminal proceedings, which state that all doubts regarding the proven guilt of a person are interpreted in his favor (Article 62 of the Constitution of Ukraine). Therefore, the failure to prove the event of a criminal offense is a ground for the closure of criminal proceedings. It is emphasized that the event of a criminal offense is a circumstance that has legal significance. In the case of establishing an event that has a criminal legal nature, it already begins to be perceived as a probable criminal offense. And in the process of proving, one should always take into account that a criminal offense is a socially dangerous, unlawful, guilty and punishable (in accordance with the requirements of the law on criminal liability) act committed by a sane person who may be the subject of a criminal offense. Therefore, it is also noted that the process of proving a criminal offense should always logically begin with confirming or refuting the fact of committing a certain act, which is characterized by time, place, method and other circumstances (clause 1, part 1, article 91 of the Criminal Procedure Code of Ukraine). And only then comes the turn to establish its illegality and public danger. It is proved that following this sequence will contribute to more effective performance of the tasks of criminal proceedings.
Language: English
Open Access status: green
OpenAlex ID: W7016162298
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