Lysachenko Y. Temporary access to property and documents as a means of proof in criminal procedure

The dissertation is devoted to comprehensive study of theoretical, legal and applied problems of application of temporary access to things and documents as the instrument of proof in criminal proceedings. The historical development of the temporary access to things and documents as the instrument of proof in criminal proceedings was studied in domestic criminal proceedings and in the procedural legislation of certain foreign countries; the place of the temporary access to things and documents was determined in the system of means for establishing evidences in criminal proceedings; reasons, grounds and mechanisms of application of the temporary access to things and documents as the instrument of proof in criminal proceedings were outlined; specific aspects of criminal proceedings guarantees in application of the temporary access to things and documents containing information with restricted access were educed. In the paper, the historical process of the formation and development of the temporary access to things and documents as the instrument of proof in criminal proceedings was studied, and four periods were separated out: 1) formation in the period of Kyiv Rus, 2) formation and development in the period when Ukrainian lands were parts of other states, 3) the Soviet era, 4) period of formation of independent Ukraine as the rule-of-law state. In the last period, it was proposed to separate out two periods: conducting seizures in the period of effect of regulations of the Code of Criminal Procedure of Ukraine of 1960, and the implementation of the temporary access to things and documents pursuant to the Code of Criminal Procedure of Ukraine of 2012. Arguments were provided to the fact that the understanding of the temporary access to things and documents as the result of evolution will further allow to determine its content and place in the system for establishing evidences in criminal proceedings and specific aspects of the mechanism of its application. By way of using the comparative law method of research, the affinity of a number of criminal law regulations in the legislation covering the temporary access to things and documents in many foreign countries and in Ukraine was established, and also, differences in the legal regulation of the studied institution were determined.