ПРЕД’ЯВЛЕННЯ ОСОБИ ДЛЯ ВПІЗНАННЯ: ПРЕД’ЯВЛЯТИ ЧИ НЕ ПРЕД’ЯВЛЯТИ

The article analyzes the investigative and judicial practice of presenting a person for identification as well as the significance of its results for proving an important circumstance of a crime. It is substantiated that in criminal proceedings, the decision to present a person for identification shall be made only for the purpose of identification. It is emphasized that presenting a person for identification is aimed at using the image of the offender formed in the memory of the eyewitness to the crime for their subjective identification. Conducting such an action is not obligatory for the investigator. The corresponding decision is made only if the following conditions are met: 1) the identification of an eyewitness who perceived the person of the criminal offender under certain circumstances and provided appropriate testimony; 2) the eyewitness's testimony regarding the general and individual characteristics of the offender and the demonstration of confidence in their recognition; 3) the investigator's internal conviction that the information provided by the eyewitness is sufficient to identify the person by presenting them for identification. The investigator's decision shall take into account that presenting a person for identification is a special form of identification. This form is significantly different from identification by material traces of a crime. Its specificity lays in the fact that the identification procedure takes place in the inner world of a person, whose mental processes cannot be observed and evaluated by the investigator. Therefore, to ensure the reliability of its results, the prosecution must make a carefully considered and reasoned decision as well as to adhere to the procedural order and form of presentation for identification. The final assessment takes place only in court. It is emphasized that the result of presentation for identification can obtain the value of direct evidence in two aspects: 1) identification of a person and the presence of grounds for reporting suspicion and accusation; 2) failure to recognize a person and the presence of grounds for removing suspicion or accusation from them. If the court establishes a deliberate violation of the procedural order and form of presentation for identification in order to create an artificial basis for bringing a person to criminal liability, the guilty officials shall be held legally liable. Keywords: presentation for identification, identification, subjective identification, procedural order, direct evidence.