The dissertation is the first qualifying scientific work in Ukraine, after the entry into force the CPC of Ukraine from 2012, in which, on the basis of a complex analysis of problems of law-making and law enforcement nature, the concept of the sufficiency of evidences in criminal proceedings was developed and substantiated.
The essence of the sufficiency of evidences is defined in the dissertation by the separation of its essential elements, which allowed to reveal the ontological bases of the concept of this procedural property of the evidences. The author defines of the notion of the sufficiency of evidences is provided as their systemic procedural property, which reflects the presence of a set of proper, admissible and reliable evidences and is established on the basis of the internal conviction of the subject of proof, which is based on a comprehensive, complete and impartial examination of all circumstances of the criminal proceedings at the specific moment of criminal proceedings for the purpose of making the appropriate procedural decision. The author’s conception of the sufficiency of evidences as their procedural property in criminal proceedings is offered.
The system of procedural properties of evidences is characterized, in which, along with the sufficiency as their systemic procedural property, the relevance, admissibility and reliability as their individual procedural properties are distinguished.
The relationship between the sufficiency of evidences and the subject of the criminal procedural proof is established. The relationship between the sufficiency of evidences and limits of the criminal procedural proof is established.
The approaches to the definition of the concept and the system of standards of proof formed in the doctrine of the criminal process is investigated, on the basis of which the author’s approach to their definition is formed. The sufficiency of evidences is described as an indispensable condition for the application of standards of proof during adopting appropriate procedural decisions and ensuring of their observance, as well as the correlation of this property of evidences with each of the basic standards of formation of the level of conviction necessary for making the relevant procedural decision (standards «reasonable suspicion», «sufficient reason» and «beyond reasonable doubt») is revealed.
The mechanism of establishing the sufficiency of evidences in the course of application of measures of ensuring criminal proceedings is revealed. Taking into account the rules of criminal procedural law, the jurisprudence of national courts and the ECHR and theoretical approaches, the peculiarities of establishing the sufficiency of evidences during the decision by the investigating judge on the issue of preventive measures are singled out.
The peculiarities of establishing the sufficiency of evidences during the suspicion notification are identified. The doctrinal definition of the evidences sufficient for suspicion of committing a criminal offense is improved by presenting it taking into account the essential elements of the sufficiency of evidences with their specification regarding the notification of suspicion.
The peculiarities of establishing the sufficiency of evidences during trial at first instance are revealed. The content of the sufficiency of evidences in the context of the decree of a decision on the election, amendment and cancellation of measures of ensuring criminal proceedings as interim judgments and a guilty or acquittal verdict, a decision about the application of compulsory measures of medical or educational character, a decision about the close of criminal proceedings as final court decisions is characterized. The cases of evaluation of the evidences in terms of their sufficiency by the sides of the criminal proceedings during the trial at first instance are summarized.
The mechanism for establishing the sufficiency of the evidences during the proceedings in the court of appeal is determined. The range of procedural documents and actions of the sides of the criminal proceedings, which reflect their assessment of the evidences in terms of their sufficiency during the appeal proceedings, are summarized.
With a view to improve the regulatory model of the sufficiency of evidences as their procedural property, it is proposed to make changes and additions the CPC of Ukraine, which clarify the notion of the sufficiency of evidences by consolidating the notion of sufficient evidences, to clarify the range of circumstances to be taken into account by the investigating judge in deciding the issue of temporary restriction in the use of a special right and removal from office, to specify the grounds of the notice of suspicion and requirements for the contents of the suspicion report and the indictment etc.
