Проблеми реалізації права підозрюваного (обвинуваченого) на подання доказів

In the article the author emphasizes that the current Criminal Procedure Code of Ukraine grants the suspect and the accused the right to represent evidence, but does not regulate in detail the procedural order of its implementation. The criminal procedural doctrine also does not develop a unified approach to the procedure that could ensure the effective exercise by the specified subjects of the right to present evidence during the pre-trial investigation and in the judicial stages of criminal proceedings. It is stated that the active participation of the suspect (accused) in proving has a great importance for the protection of their rights and legitimate interests, which in turn contributes to ensuring a comprehensive, complete and impartial investigation of the circumstances of the criminal proceedings. At the same time, during the implementation of the suspect’s (accused’s) right to represent evidence, a number of different problems arise that are of a normative, law enforcement, and tactical nature. The author concludes that the right of the suspect to demand things, documents or information does not correspond to the obligation of the relevant state authorities or local governments, enterprises, institutions, organizations, officials and individuals to provide them. If the suspect conducts his defence independently, it is practically impossible to obtain the evidentiary materials he needs in this way. The opinion is supported that things, documents, other materials represented by the suspect (accused) are evidence from the moment they are provided. The expediency of representation of evidence by the suspect during the pre-trial investigation is emphasized in cases where they can be used to substantiate the presence of circumstances that exclude the criminal illegality of the act or are grounds for closing the criminal proceedings. To solve the identified problems, first of all, it is necessary to make amendments to the current Criminal Procedure Code of Ukraine, within which to regulate the procedure for submitting things and documents by participants in criminal proceedings that may later acquire the status of evidence, and their acceptance by the investigator, inquiry officer or prosecutor and their attachment to the materials of the proceedings, as well as to provide guarantees for the implementation of the right to collect evidence by requesting it.