Shevchuk M. Court's Initiative and its limits in clarification of the criminal proceedings circumstances upon trial.

The current legislation of Ukraine and foreign countries, practice of domestic laws as well as the practice of the ECHR, scientific standpoints of domestic and foreign scholars in the field of Criminal Procedure, concerning the initiative activity of the court in examination of evidence under trial are analyzed in the research. The concept, essence and legal nature of the initiative activity of the court are studied. The author investigated the court's role in examination of evidence within national criminal proceedings. The organizational and managerial powers of court, aimed at ensuring court implementation of participants to the proceedings, their procedural rights and fulfillment of procedural obligations are considered in particular. Activity of the court concerning the directing trial to ensure clarification of all circumstances of criminal proceedings by promoting activity of the parties to the criminal proceedings in examination of evidence are analyzed. Formed the author’s vision as to the problem solution of substantial incompleteness in evidentiary material, represented by the parties to criminal proceedings. Limits of court's initiative activity in clarification of the circumstances of criminal proceedings upon trial are determined. A number of proposals and recommendations aimed at improving the legal regulation of the court's activity in examination of evidence under criminal trial were made.