Shevchyshen A. Proving by the prosecution of pre-trial investigation of corruption offenses in the field of official activity and professional activity related to rendering public services.

The thesis, based on the provisions of the theory of criminal procedure and the generalization of investigative and judicial practice develops a modern author's concept of a system of circumstances that can be proved in criminal proceedings on corruption offenses in the sphere of official activity and professional activity related to rendering public services. It was stated that the legislator’s approach to determining the circumstances to be proved is erroneous, since it does not reflect the possibility of using it as a kind of program of action for the subjects of proof, regardless of the stage of the criminal process and the type of crime being investigated. The basis of the system of circumstances to be proved in criminal proceedings, including the category of criminal proceedings under investigation, should be based on the principle of their importance for the possibility of assessing the committed act for comparing the committed act with elements of the corresponding corpus delicti. This work presents the author's conception of a system of circumstances that can be proven in criminal proceedings about corruption offenses in the field of official activity and professional activity related to the provision of public services in which, based on the analysis of the provisions of the legislation, expressed in the scientific literature of positions, and experience of the investigation of the specified category of proceedings, offered its own position on the system of circumstances to be proved in the criminal proceedings of the specified categories with the following key provisions: 1) the law should regulate exclusively the circumstances, which must be established in all criminal proceedings without exception; 2) other circumstances, if they do not fit into the content of the process of proof in all criminal proceedings, must be established only if they are relevant to the specific criminal proceedings and are conditioned by the construction of corpus delicti; 3) the structure of the system of circumstances to be proved must be formulated as an algorithm of action, the direction of the evidence activity, clear for the understanding of the law enforcer, which actually forms the process of proving in a particular criminal proceeding, since any specification of the circumstances to be proved depends directly on the subject of the proof and his professional level.