The article is devoted to the consideration of the legal nature of the institution of proof in civil proceedings and the compliance of national norms with international standards. The legislative definition of the concept of evidence, enshrined in the Civil Procedure Code of Ukraine, is analyzed and some features of evidence in foreign countries are considered. The authors note that in order to conduct an effective comparative analysis of the evidentiary procedure in Ukraine and abroad, it is advisable to study the case law of the European Court of Human Rights, as one of the main institutions whose jurisdiction extends to all member states of the Council of Europe and improve national legislation and bring it into line with international standards. It should be noted here that in all legal families the institution of proof is the cornerstone of justice. The development of legal systems was due to the systematic reform of procedural legislation, the creation of new models aimed at meeting the requirements of the time. The European Court of Human Rights,
The article is devoted to the consideration of the legal nature of the institution of proof in civil proceedings and the compliance of national norms with international standards. The legislative definition of the concept of evidence, enshrined in the Civil Procedure Code of Ukraine, is analyzed and some features of evidence in foreign countries are considered. The authors note that in order to conduct an effective comparative analysis of the evidentiary procedure in Ukraine and abroad, it is advisable to study the case law of the European Court of Human Rights, as one of the main institutions whose jurisdiction extends to all member states of the Council of Europe and improve national legislation and bring it into line with international standards. It should be noted here that in all legal families the institution of proof is the cornerstone of justice. The development of legal systems was due to the systematic reform of procedural legislation, the creation of new models aimed at meeting the requirements of the time. The European Court of Human Rights, using the traditions and features of common and continental law, has repeatedly stated that the future position of the court in resolving this conflict between the parties and making a reasoned decision depends on the quality and completeness of the evidence presented. The recommendations contained in the court decisions reflect the progressive trends of both legal systems and are aimed at strengthening guarantees of justice at the national level. According to the authors, the foundations have already been laid for the formation of a new perception of the institution of evidence in Ukraine, as its reform took place taking into account European standards of civil proceedings and under the influence of global trends in this area. However, this process is currently incomplete and needs to be intensified with the need to develop clear criteria for assessing evidence at the level of national law, which would apply the court to the case, as is the case in the Anglo-Saxon legal system. The authors draw attention to the fact that today in Ukraine it is appropriate to introduce a "standard of proof" in civil proceedings, i.e. the use of a balance of probability to assess the circumstances of the case. The article also analyzes the gaps in the legislation on the issue raised in the topic of the work, in particular, offers proposals for improving the legal framework of Ukraine to improve the procedure of proof in civil proceedings.
The article clarifies the concept, essence and scientific basis of the investigator’s interaction with operational units; the role of theoretical provisions of interaction of the investigator with operative divisions is defined; the basis of interaction of the investigator with operative divisions is analyzed; modern levels, directions, forms and types of interaction of the investigator with operative divisions are considered; procedural and organizational-tactical aspects of the investigator’s interaction with operational units are revealed; the practical experience of organization and implementation of interaction of the investigator with operative divisions in criminal proceedings is generalized. It is determined that interaction of investigator and operational units in criminal proceedings should be defined as based on laws and regulations, as well as unanimity and agreement of tasks, which provides for effective application of legal measures, forces, forms, methods and tools aimed at effective investigation. The article forms theoretical conclusions, substantiates and highlights the main provisions and statements on improvement of practical principles associated with the interaction of the investigator with operational units during the criminal proceedings. On the basis of analytical researches of normative-legal maintenance of interaction of the investigator with operative divisions the conclusion on expediency of improvement of a normative field for the purpose of proper and timely execution of instructions of the investigator and the prosecutor by operative divisions is made. It is proved that during the execution of the instructions of the investigator, the prosecutor, the employee of the operational unit uses the powers of the investigator. Officers of operational units do not have the right to carry out procedural actions in criminal proceedings on their own initiative or to apply to the investigating judge or prosecutor. Only purposeful and systematic work of the investigator and the operative unit during the implementation of the sections will allow to use the capabilities of both subjects in the process of verification and collection of evidence by covert means effectively. In order to improve the interaction between the investigator and the operative unit at the legislative level, it is recommended to consolidate the right of the operative unit to initiate search and other procedural actions, to improve the procedure of joint investigative actions by the investigator and the operative unit.
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