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The study of problematic aspects related to the transformation of materials obtained during operational and investigative activities into evidence in criminal proceedings is of great relevance. The article highlights the problem of ensuring a balance between the need for effective crime prevention, especially under martial law, and the observance of fundamental human rights and freedoms.

The article examines the legal nature, content, and evidentiary value of the institution of factual state recording by a judicial enforcement officer (protokoł stanu faktycznego) under the legislation of the Republic of Poland. This institution, originating from the French constat d’huissier de justice, reflects European trends in expanding the powers of enforcement officers toward evidence preservation and legal certainty in civil proceedings.

The process of proving is carried out by competent participants of criminal trial in order to establish the truth in criminal proceedings and is an important component of the proceeding. Proving is carried out in compliance with the statutory procedure for criminal proceedings in general, the order of the execution of certain procedural actions and the adoption of procedural decisions, that is within the limits of the criminal procedural form. The modern concept of criminal proceedings is aimed at establishing additional guarantees of observance of the participants’ rights at each stage.

The fight against juvenile delinquency is one of the important activities of the pre-trial investigation bodies, the prosecutor’s office and the court, which carry out criminal proceedings. The Criminal Procedure Code obliges the bodies conducting criminal proceedings against juveniles to establish in as much detail as possible the circumstances concerning the characteristics of the juvenile’s personality and the circumstances aimed at identifying the causes and conditions that contributed to his commission of a criminal offense.

This article is devoted to the analysis of the legal norms of the existing criminal
procedural law in the part of pre-trial investigation and criminal procedural proof, as well as
investigative practice. The need for such an analysis is due to the fact that since the entry into
force of the new Criminal Procedural Code of Ukraine, the practice of pre-trial investigation
has highlighted a number of problematic issues, the answers to which need to be found
through scientific approaches.

The article is devoted to the review of the notion of the principle of adversarialism and
the proof of a reasonable relationship between the competition principle, the equality of the
parties and the activity of the court in order to ensure equality of evidence of the parties’
capabilities, which should be in line with the tendencies towards the socialization of the
functions of justice.

The features of proof process are investigational in ordering proceedings. Judicial practice is analyzed in relation to proofs that are confirming each of claims according to which the forensic order can be issued. It is established, that the stage of presentation of proofs in ordering proceedings, unlike a lawsuit, gathers with the moment of presentation of statement about delivery of order of court. Such sign of ordering proceedings as a documentary is peculiar only to the moment of debtor’s appeal of forensic order.