PROBLEMS OF EVIDENCE LAW

Abstract

The article is devoted to a comprehensive analysis of the problems of evidence law as an integral part of the Ukrainian legal system. Evidence law, which regulates the procedural aspects of proof in court proceedings, is an important element of justice, but it faces a number of theoretical and practical challenges. The article examines the key issues related to the definition of the essence of evidence law, its correlation with substantive and procedural law, and the specifics of regulation of certain institutions, such as written evidence, forensic examination and evidence evaluation. The author emphasizes the importance of a clear legislative definition of the basic concepts of evidence law: “admissibility of evidence”, ‘reliability of evidence’ and ‘sufficiency of evidence’. The author analyzes the peculiarities of formulation of these categories in the procedural legislation of Ukraine, including articles of the Civil, Commercial and Criminal Procedure Codes, as well as the Code of Administrative Procedure. It is determined that the absence of clear legal definitions and logical approaches to the regulation of evidence procedures leads to legal conflicts, in particular, in the area of inadmissibility of evidence. The author analyzes the key aspects of criticism of the current criminal procedure legislation, in particular, its excessive formalization, which may contradict the principles of logic, objective knowledge and natural law. Attention is paid to the problems arising from international cooperation in the collection of evidence, as well as to the difficulties associated with the legal status of data obtained from foreign law enforcement agencies or the bar. The author also analyzes the role of legal institutions in the structure of evidence law. It is established that evidence law cannot be considered an independent institution, since its rules are an integrated part of procedural law, and the regulation of evidence largely depends on the general principles and mechanisms enshrined in substantive law.