Evidence – is any evidence that is objective evidence of activity and information about them. Fact finding a person at a certain time in one area proves the impossibility of personal exercise of any action at this time in other areas (alibi).
For the defense, the victim, a representative of the legal person against which the proceedings are ways of gathering evidence:
➤ initiation of the investigation (search) operations, covert investigative (detective) actions and other proceedings;
➤ requesting and receiving from the public authorities, local governments, enterprises, institutions, organizations, business and individual things, copies of documents, data, expert opinions, findings of audits, inspections acts;
➤ carrying out other activities that can provide adequate representation and court admissible evidence (ch. 3, Art. 93 CPC of Ukraine).
The main way of gathering evidence of the defense, the victim, a representative of a legal entity is requesting and receiving from these bodies, enterprises, institutions, organizations, business and individual things, copies of documents, data, expert opinions, findings of audits, inspections acts.
According to p. 1 h. 1 tbsp. 20 of the Law of Ukraine “On Advocacy and Advocacy” on July 5, 2012, the lawyer has the right to appeal with bar requests, including to obtain copies of documents to state authorities, local governments, their officials and employees, organizations , public associations, as well as individuals with their consent.
The defense, the victim, a representative of a legal person may influence the collection of evidence, triggering the investigation (search) and covert investigative (detective) action. This is done by means of investigator, prosecutor respective petitions dealt with in the manner prescribed by Art. 220 Code of Ukraine.
Fixation is a must evidence the collection of evidence and consists of a system of procedural actions securing of evidence relevant to the proper resolution of criminal proceedings.
Fixing evidence is part of the investigation (search) and covert investigative (detective) action. Methods of fixation of evidence include:
- drawing up protocols of investigative (detective) actions;
- use of means of fixing criminal proceedings (photography, sound recording, audio or video);
- making fototablyts, schemes, casts, prints and others.
The person who carried out the procedural action, the protocol can join the following applications:
- specially made up, examples of objects, objects and documents;
- written explanations of specialists who participated in the relevant proceedings;
- transcript, audio and video proceedings;
- fototablytsi, schemes, casts, computer information media and other materials that explain the content of the report (parts 1, 2, Art. 105 CPC of Ukraine).
Procedural documents – an important attribute procedural actions or decisions organic part Procedure Act. Unacceptable exercise of any proceedings without taking statutory procedural documents and vice versa.
Process documentation can be of several types:
- pozov to court;
- zayava to establish the facts in a particular legal proceedings;
- klopotannya to court;
- zayava on issuing court orders;
- zayava on appealing decisions or actions of the authorities, officers and officials associated with them.
Procedural documentation are also different types of complaints.