Vapniarchuk V. Theoretical foundations of criminal procedural proof.

The thesis is the first qualifying research work in domestic criminal procedural science devoted to the comprehensive development of the theoretical foundations of criminal procedural proof and a number of practical problems arising from its implementation after the entry into force of the CPC of Ukraine in 2012. A new conceptual approach to criminal procedural proof is developed, the essence of which is to understand the proof as a system consisting of such elements as an object, a subjective side, an objective side and the subject of proof, the organization and interaction of which is necessary and sufficient condition for the proper performance of the proof activity. The systematic analysis of criminal procedural proof was carried out with the use of various forms of description, in particular: a) historical (cognitive, actionable and complex conceptual approaches to understanding the essence of proof and their philosophical and methodological basis are pointed out) b) substantive (the general structure of the system of proof and the structure of its content elements are determined); c) functional (the features of the internal and external functioning of the proof system are revealed). The epistemological and project-realization nature of criminal procedural proof is considered. The necessity of pointing out and studying of the concept «object of criminal procedural proof» is substantiated, its correlation with the concepts «object of proof» and «limits of criminal procedural proof» is analyzed. The characteristic features of the subjective and objective side of the criminal procedural proof are determined and analyzed. The circle of subjects of criminal procedural proof is distinguished and their classification is made, the peculiarities of the correlation between the concepts of «the duty of proof» and «the burden of proof» is clarified. According to the results of the research a number of propositions are made and substantiated which will contribute to the improvement of the doctrinal understanding of the criminal procedural proof, its legal regulation and the effectiveness of its implementation.