Investigator as a subject of criminal procedural evidence (some aspects)

Criminal procedural activity as a type of social activity has a cognitive nature. It is aimed at establishing the circumstances of the criminal offense committed, the person who committed it, as well as other circumstances that are important for its proper implementation. This focus of criminal proceedings can be implemented only by providing evidence, which is the main content of criminal procedural activity. It is characterized by regulation by law (determination of the means and procedure for such knowledge, the circle of subjects of evidence), but has many shortcomings and gaps. In accordance with the requirements of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC), the burden of proof is placed on the prosecution (Part 1, Article 92). In paragraph 19 of Art. 3 of the Code of Criminal Procedure states that the parties to criminal proceedings are, on the part of the prosecution: the investigator, the inquirer, the head of the pre-trial investigation body, the head of the inquiry body, the prosecutor, as well as the victim, his representative and the legal representative in cases established by this Code. Officials belonging to the prosecution are authorized to collect evidence by conducting investigative (search) actions and covert investigative (search) actions, to request and receive from state authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals things, documents, information, expert opinions, audit opinions and inspection reports, to conduct other procedural actions provided for by the Code of Criminal Procedure (Part 2, Article 93 of the Code of Criminal Procedure). It should be noted that it is the prosecution that is obliged to comprehensively, fully and impartially investigate the circumstances of the criminal proceedings, identify both those circumstances that expose and those that justify the suspect, the accused, as well as circumstances that mitigate or aggravate his punishment, provide them with a proper legal assessment and ensure the adoption of lawful and impartial procedural decisions (Part 2, Article 9 of the CPC). This article is devoted to the study of the activities of the investigator as a subject of evidence in criminal proceedings. This activity takes place at the stage of pre-trial investigation, starting from the moment the investigator accepts the application, reports on the committed criminal offense or independently identifies from any source the circumstances that may indicate its commission. The work analyzes the current legislation of Ukraine, scientific research on the evidentiary activities of the investigator in criminal proceedings. The materials of the article are of both theoretical and practical value. They can be used for further scientific research into the features of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.