evidence

The purpose of the article is to analyze the issues of proving the commission of the crime of genocide, taking into account the concept and purpose of this crime in accordance with the Criminal Code of Ukraine and the positions of the International Criminal Court.

Bringing to criminal responsibility for committing the crime of genocide is carried out on the condition of proving guilt in committing the crime on the basis of the available evidence and establishing the purpose of committing the crime.

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 provides a fundamental theoretical, legal, and praxeological analysis of the institute of forensic examination in the context of investigating corruption criminal offenses committed in the financial sector. The relevance of the topic is due to the high level of latency and intellectualization of crime in the banking and financial sectors, which requires pre-trial investigation bodies to apply specific evidentiary tools.

The article provides a comprehensive analysis of criminal proceedings initiated on the grounds of criminal offenses provided for in Articles 404 and 405 of the Criminal Code of Ukraine, which regulate liability for resistance to a superior or coercion of him to violate official duties, as well as for threat or violence against a superior.

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 article proves the relevance of the study of the administrative and legal characteristics of court decisions in view of modern significance of the solution to this scientific problem, which is determined by the expression of legal reality within the scope of the administration of justice. This will provide an opportunity not only to substantiate the understanding of the phenomenon of justice as a way of exercising judicial power from the point of view of administrative law, but also to identify areas that need improvement.

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 article is devoted to the study of the history of the formation of the theory of
reasoning in the context of the changes in philosophical knowledge in the second half of the
twentieth century. The main directions of the theory that have had the greatest influence on
the formation of the theory of argumentation, in particular, the neorortex of H. Perelman and
S. Tulmin, the pragma-dialectics of Ehmeren and Grootendorst, are analyzed. Characterized
by the main problems posed by the theory of reasoning: the interaction of the speaker and the