The Logic of Forming the Evidence Base in Criminal Proceedings

Abstract

Topicality. Improving law enforcement activities is one of the priority areas of reforming the legal system of Ukraine. In particular, the problem of methods of formation, evaluation and rational use of evidentiary materials in the course of investigative and procedural actions, which is studied in modern scientific literature mostly in a purely legal plane, is quite relevant, while the objective and logical foundations of such methods are currently insufficiently studied. Special attention needs to be paid to the research of the logic of the formation of the evidence base in criminal proceedings, since the latter are characterized by the greatest complexity in terms of their tasks, means and procedural form. Accordingly, the purpose of this article is to identify, formulate, and systematize the fundamental principles on which the logic of the rational organization of procedures for obtaining and analyzing evidence in criminal proceedings is based. Methodology. The method of comparative analysis was used to identify common points and differences in approaches to the development of methodological bases for the formation and evaluation of the evidence base. The method of inductive generalization is applied in order to determine the key trends in modern studies of the foundations of evidentiary law, as well as in the formulation of logical criteria for the evaluation of evidence. On the basis of the method of critical analysis, an evaluation of common methodological concepts in this field was carried out from the point of view of their validity and logical acceptability. For a clear definition of the logical criteria of proof of argumentative procedures in criminal proceedings, the method of formalization is applied. The method of logical-semantic analysis was used to determine the conditions of relevance of the application of the methodological tools of modern logic for the optimization of investigative measures and evidentiary strategies in criminal proceedings. Scientific novelty. The logical principles of the formation of the evidence base in criminal proceedings are substantiated and systematized, as well as the conditions for their effective application during the implementation of investigative and search measures and evidentiary procedures are determined. Research results. The logical conditions of the rationality of the formation of the evidential base are preliminary justification, non-contradiction (formal and substantive compatibility) and sufficiency of the evidence for making an unambiguous (no alternative) decision in the case under investigation. To ensure such conditions, there are appropriate logical and methodological means, the use of which in the course of criminal proceedings is a significant factor in increasing its effectiveness. In particular, this is achieved thanks to the methodological focus of such tools on the optimization of evidentiary procedures by means of timely «screening» of contradictory information and constructive reconciliation of the imaginary model of the investigated events with the actual circumstances. Practical significance. The methodological approach proposed in the article provides for a significant expansion of opportunities in terms of objectification and rationalization of approaches to the formation and evaluation of the evidence base in criminal proceedings.

Keywords: criminal proceedings; evidence base; methods of proof; evaluation of evidence; criteria of proof; logic of proof.