Krushenytskyi A. Demanding and Receiving Things and Documents as a Means of Collecting Evidence in Criminal Proceedings

The dissertation is the first special comprehensive study in domestic science of such a means of collecting evidence as demanding and receiving things and documents in accordance with Article 93 of the Criminal Procedure Code of Ukraine. The dissertation emphasizes that, due to Article 93 of the Criminal Procedure Code of Ukraine, criminal proceedings’ parties can collect evidence by demanding and receiving from state authorities, local self-government bodies, enterprises, institutions and organizations, officials and individuals, things, documents, information, expert opinions, conclusions of audits and acts of inspections (except for conducting investigative (search) actions and covert investigative (search) actions). Granting the demanding and receiving things and documents the status of collecting evidence method in the 2012 edition of the Criminal Procedure of Ukraine current Code significantly affected the procedure for the formation of evidence perception and the participants’ competence in criminal proceedings. At the same time, the norms of the current criminal procedural law do not determine the procedure (mechanism) and form of demanding and receiving things and documents that can be used as evidence in criminal proceedings. Considering the fact that gathering evidence procedure is an initial and quite important element of the proof procedure, the specified gap significantly affects its practical implementation. Based on the analysis of scientific research and investigative practice, the following conclusions, regarding the essence of this method of collecting evidence, have been made: - demanding and receiving things and documents along with temporary access to things and documents (Chapter 15 of the Criminal Procedure Code of Ukraine) is an independent, simplified and alternative means of gathering evidence, which provides an opportunity to get things and documents that are important for criminal prosecution without hindrance and in the shortest possible time information processing; - demanding and receiving things and documents are two relatively independent ways of collecting evidence, which have significant differences and are in the plane of the subject's manifestation of the initiative to acquire the specified objects (things, documents); - demanding things or documents consists in the application of a party to criminal proceedings with a demand to a certain subject for the voluntary provision of certain things or documents that are carriers of information (information) significant for criminal proceedings; - receiving things or documents consists in accepting what is transferred at the initiative of the owner of the thing or document that is important for criminal proceedings.