Lushpiyenko V. Witness’s testimony as a procedural source of evidence in the criminal procedure in Ukraine

The thesis is the first comprehensive study of theoretical and practical features of witness’s testimony as a procedural source of evidence according to a Criminal Procedure Code 2012. The study focuses on problematic aspects of obtaining witness’s testimony and its use during criminal proceedings; historical aspects of legal regulation of witness’s participation in criminal proceedings in the territory of Ukraine and the significance of witness’s testimony; the concept and content of legal status in a criminal procedure, its peculiarities at various stages of criminal proceedings. The research has revealed the peculiarities of obtaining, verifying and using evidences of testimony of witnesses residing in the temporarily occupied territory of Ukraine during the pre-trial investigation. There have been analyzed existing difficulties of obtaining of hearsay evidences, based on practical application of such testimonies during the pre-trial investigation; it has been pointed out the limits and rules for examination and evaluation of witness’s testimony by a detective, a public prosecutor, an examining magistrate at the stage of pre-trial proceeding; it has been investigated current problematic issues of using evidence of witness in a criminal proceeding and suggested the ways of dealing with these issues, in particular, by formulating the improvement of relevant positions of the Criminal Procedure Code of Ukraine.