Criminal procedural proof in the mixed model of criminal procedure of Ukraine: a new authorial integrative doctrine

Source abstract

The article substantiates a new authorial integrative doctrine of criminal procedural proof in the mixed model of criminal procedure of Ukraine. The methodological basis of the study is the author’s previous concept of criminal procedural proof, in which proof was considered as cognitive-practical, legal and logical-intellectual activity aimed at obtaining and using evidence. It is argued that the current state of criminal procedure, the development of the case law of the European Court of Human Rights, the digitalisation of evidentiary activity, the use of OSINT, multisensor data, results of covert investigative actions, materials of operational-search activity, as well as the specific features of criminal proceedings under martial law require a transition from a conceptual model of proof to a coherent authorial integrative doctrine. The article substantiates that criminal procedural proof cannot be reduced only to the collection, verification and evaluation of evidence. It should be understood as a normatively regulated, adversarially organised, judicially controlled, standard-oriented, procedurally integral and technologically supported activity involving the obtaining, procedural recording, disclosure, examination, verification, evaluation and use of evidence in order to form an admissible, reliable, sufficient, adversarially tested and fair factual basis for a criminal procedural decision. The article reveals the importance of the mixed model of criminal procedure of Ukraine as a procedural environment of proof, within which pre-trial investigation, judicial control and trial have different but interrelated evidentiary purposes. A differentiated understanding of the subjects of proof, subjects of evidentiary interest, subjects of obtaining and submitting evidence, subjects of judicial control, examination and evaluation of evidence is proposed. Particular attention is paid to standards of proof, admissibility of evidence, procedural integrity, the digital form of evidence, OSINT, multisensor data, covert investigative actions and operational-search materials. The article concludes that the new authorial integrative doctrine of criminal procedural proof should become a methodological basis for the further development of the law of evidence of Ukraine, improvement of the Criminal Procedure Code of Ukraine and formation of a procedurally integral, digitally verifiable and judicially controlled model of proof in the mixed criminal procedure of Ukraine.