FORMATION OF THE INSTITUTION OF PRESENTATION OF EVIDENCE IN THE CRIMINAL JUSTICE SYSTEM OF UKRAINE

Abstract

Article is sanctified to research to becoming and development of institute of presentation of proofs in the criminal rule-making of Ukraine. The current criminal judicial legislation of Ukraine inherited many progressive ideas inculcated by Charter of the criminal rule-making, in particular and the parcel of land of participants of process by a right to give proofs for defending of own position in realization. A right on presentation of proofs became the inalienable element of judicial status suspected, defendant, their defender, suffering, civil plaintiff, civil defendant, their representatives, and also accuser. Consideration of historical aspects of presentation of proofs, foremost come to the conclusion, that development of institute of presentation of proofs status in the criminal rule-making of Ukraine in different historical periods directly stipulated by the existent historical form of criminal process. Taking into account it a division into periods of becoming of institute of presentation of proofs is conducted on the walks of life of Ukraine:
1. Old Russian (princely) period – embraces times of Kyiv Rus and Galychina-Volyn principality.
2. the Lithuanian-Polish period – embraces times of stay of Ukrainian earth under power of Lithuania and Poland. This period inherited the basic lines of the Old Russian period, id est saved the accusatory-lawsuit form of criminal process, at that parties realizations guilty were to look after presentation of court of proofs in support of the requirements.
3. Cossack-hetman period – embraces times of existence of the Zaporizhzhya cossacks. Dob inherited the basic lines of judicial right for previous historical periods, however it tested some changes however, foremost as a result of change of the judicial mode and changed political and social terms of edge in XVII century, in particular and under act of the Russian judicial right.
4. Post-reformed period – embraces times, beginning from the acceptance of Charter of the criminal rulemaking 1917 to and marked the cardinal change of the criminal rule-making.
5. Period of revival of the Ukrainian national state – embraces times of Ukrainian Republic of People's, Ukrainian hetman state and Directory (1917-1920). This period did not bring practically no innovations in the field of the criminal rule-making. At investigation and judicial trial of criminal cases, including in the process of finishing telling, continued to follow the legislation of the Russian empire and Austria, and a new criminally judicial legislation was not realized through bolshevist occupation of territory of Ukraine.
6. Soviet period – embraces times of stay of Ukraine in composition the USSR. This period was most ambiguous during that there was passing to mixed, of mainly criminal investigation form of the criminal rule-making and even to his of cleanly criminal investigation form.
7. Modern period – begun with a receipt by Ukraine of independence and is characterized further gradual expansion of elements of contentionness in a criminal process, including on the stage of pre-trial investigation. In this period in science of criminal process all anymore questions began to rise about the necessity of legislative procedure of presentation of proofs, separate amendments and supplements offered to КПК of Ukraine, that however remain unrealized and until now. Unfortunately, acceptance of long-awaited КПК of Ukraine of 2012, in spite of fixing in him of row of progressive positions, the marked problem did not decide.