Diakov V. Epistemological and legal nature of an acquittal.

The thesis is based on theoretical advances in the industry of the criminal process, justice and the judicial system, criminal, international, and other branches of law, international law, practice of human rights law of the European Court, the legislation of Ukraine and other countries, study of their implementation practices - a comprehensive analysis of the removal problems acquittal was carried out. Substantiated a number of new theoretical propositions and conclusions that reveal the epistemological basis and the legal nature of an acquittal, the content, form and the grounds.Formulated the theoretical principles and practical recommendations aimed at the development of the theory of criminal procedural law, the improvement of national legislation and improving the efficiency of the domestic courts. In the first chapter predictors of errors and procedural violations in criminal proceedings were examined; own position on the scientific content of these concepts was formulated; key factors which influence to the inner conviction of the judge were analyzed; arguments about the need to eliminate factors that directly or indirectly influence the formation of ideologies and practices accusatory bias in science, law and practice were given; the author's position on theoretical definitions of "probability" and "reliability" and possibilities of their application in the theory of criminal proceedings were formed; scientifically grounded proposals as to how to overcome the accusatory bias and legal nihilism in criminal proceedings. In the second chapter proposed own approach how to determinate the legal preconditions of adjudgment of acquittal decision in the light of three key elements: justification as part of criminal proceedings; competition in the research evidence as a precondition for justification; legal and actual independence of the court as a condition of justification. In the third section explored the grounds of approval for acquittals, the features of preparation and execution of court decisions were disclosed, the influence of the legal position of the European Court of Human Rights on the decision to refute the charges was analyzed, the problems were highlighted and solutions were outlined.