Належне процесуальне джерело доказів як критерій допустимості у кримінальному процесі: теоретичний та практичний аналіз

The relevance of the chosen topic is due to the fundamental importance of the institute of evidence in criminal proceedings. In every criminal proceeding, evidence is the basis on which the factual circumstances of the case are established, the guilt or innocence of a person is determined, and a reasonable, lawful and fair court decision is made. Among the numerous aspects of evidence law, the concept of a proper procedural source as one of the fundamental criteria for the admissibility of evidence deserves special attention. Given the trends in law enforcement, it is relevant to both theorize this criterion and study its implementation in the practice of pre-trial investigation and court proceedings. The purpose of the article is to provide a thorough analysis of the institute of a proper procedural source of evidence in the context of the current criminal procedure legislation of Ukraine, and to reveal its essence. Particular attention is paid to the statutory definition of procedural sources in accordance with the provisions of the current Criminal Procedure Code of Ukraine, as well as to the scientific approach to understanding this category. The author analyzes certain problematic aspects of law enforcement practice related to determining the admissibility of testimony, material evidence, documents and expert opinions. Based on the provisions of the current Criminal Procedure Code of Ukraine and law enforcement practice, the author examines the peculiarities of each of the procedural sources provided for by law: testimony, material evidence, documents and expert opinions. Particular attention is paid to the analysis of the legal nature of hearsay evidence, the justification of its admissibility, and the case law confirming the need for a thorough assessment of each piece of evidence. The theoretical generalization and practical comprehension presented in this article allow us to conclude that the criterion of due process of law is a systemic guarantee of the reliability of evidence. Its observance ensures not only the legitimacy of the evidence obtained, but also maintains the balance between the State’s right to prosecute criminals and the individual’s right to a fair trial. The purpose of the article is to make a comprehensive analysis of the institution of a proper procedural source of evidence in the context of the current criminal procedure legislation of Ukraine, and to reveal its essence. Particular attention is paid to the statutory definition of procedural sources in accordance with the provisions of the current Criminal Procedure Code of Ukraine, and also to the scientific approach to understanding this category. The author analyzes certain problematic aspects of law enforcement practice related to determining the admissibility of testimony, material evidence, documents and expert opinions.