PRACTICAL ASPECTS OF THE SUBJECT OF PROOF IN CRIMINAL PROCEEDINGS AT THE STAGE OF JUDICIAL PROCEEDINGS

The article is devoted to the issue of determining scope and procedure for examination evidence in court proceedings as determinism subject evidence. In process a brief analysis scientific concept evidence, author tries demonstrate errors that occur law enforcement agencies practice. criminal legislation European countries analyzed separately, part boundaries trial evidence.
 study proved objectification need change legal paradigm thinking adversarial proceedings, achieve effective trial, which requires following:
 
 prosecution, taking into account presumption innocence, accordance with Part 1 Art. 349 CPC Ukraine, during introductory speech, among other things, inform defense court: a) limits on charges; b) be provided by their acceptable examination, position prosecution;
 defense, principle dispositiveness, after speech prosecutor, make an which, inter alia, prosecution about his position; general measures protection aimed at refuting accusation; c) accusation, recognizes such, refute d) list opinion must declared inadmissible, inadequate or insufficient;
 such public determination, will able form court, are necessary prove circumstances 91 Criminal Procedure Code Ukraine. turn, help interaction, not only affect effectiveness including its temporally characteristics, but also ensure productive realization procedural rights obligations. languages.