Skarbarchuk O. Fact-in-issue and limits of evidencing for decision’s acceptance on criminal law measures application against legal entities in the criminal trial

The dissertation is the first comprehensive study of issues related to the subject and limits of evidencing in deciding on the application of measures of criminal law to legal entities in criminal trial. The work is devoted to the study of theoretical and applied aspects of the fact-in-issue of evidence in resolving the issue of application of measures of criminal law nature against a legal entity. The choice of the doctoral thesis topic is due to its relevance for the science of criminal law, criminal trial and law enforcement practice. In the dissertation the approaches to definition of concepts ‘fact-in-issue’, ‘structure of fact-in-issue’, and also ‘limits of evidencing’ formed in the doctrine of criminal trial are revealed. Based on the analysis and generalization of existing approaches, the author decided to consider the fact-in-issue in criminal trial as a set of facts (as deeds or events) and circumstances that characterize the conditions under which these facts and events occur as well as certain features of these facts and events, that are crucial for making a lawful and reasonable decision in criminal trial. The structure of the subject of evidence is revealed as a clear sequence of establishing the facts and circumstances that are elements of the fact-in-issue. Limits of proof are defined as a set of evidentiary (interim) facts that ensure the establishment of facts or circumstances of the fact-in-issue with the appropriate standard of proof.