Proofs and Their Source: Specific Theoretical and Legendary Issues
Journal Title: Правовий часопис Донбасу - Year 2014, Vol 51, Issue 4
Abstract
The article considers the concepts of evidence and their sources in the theory and the current legislation of Ukraine. The purpose of this paper is the scientific results obtained in the form of a theoretical position, which contains the definition of areas for further research aimed at recognizing the nature of evidence and their sources in the context of existing concepts, issues a legal definition of evidence and their sources, the impact of these phenomena on the development of the methodology of proof. Analysis of the most common concepts of evidence leads the author to the conclusion that there is a dialectical relationship between the evidence and sources that can be considered as organically linked, and as separate categories. It is proved that the use of the phrase "evidence" for the legal definition of evidence in the Code of Criminal Procedure and other procedural codes correspond to their content. A definition in the law of the list of procedural sources of evidence does not become an obstacle to the expansion of evidence. At the same time, the change in the concept of criminal proceedings raises the question of the need to rethink legal zakrpeleniya and formulation of the concept of evidence and sources of continuing studies of these institutions in the theory and practice of protsesualnogo proof.
Authors and Affiliations
Daria Davydova
Keywords
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