COLLECTING EVIDENCE AS STRUCTURAL ELEMENTS OF THE EVIDENCE OF THE CIRCUMSTANCES WHICH ARE BASED ON THE APPLICATION OF THE LEGAL ENTITIES OF THE CRIMINAL-LEGAL PROCEEDINGS

Abstract

The work analyzes implementation of criminal law measures against legal entities in the Ukrainian legislation, as well as the condition of the legislation pertaining to this issue. The problem concerning nature of such measures have been studied. It has been focused on the fact that the measures against legal entities are special kind of legal liability other then criminal liability. Articolul examineaza particularitаțile verificarii si collecting evidence on the application of criminal law for legal entities. Also the article deals with the conceptual problems of proof under the existing Code of Criminal Procedure and the corresponding generalizations made aimed at improving his means in criminal proceedings. It is carried out the research of the normative content collecting of evidence and the forms of its realization based on the analysis of current legislation, scientific sources according to the direction. A comparative analysis of demanding things or documents, temporary access to things or documents and searching. Analyzed the practice of the relevant rules of criminal procedure legislation of Ukraine. It is established that the gathering of evidence is the compilation of certain evidentiary facts into a single whole, obtaining various evidence from various sources and from different persons, and also the selection of such information. Based on the research results of current legislation, scientific positions of theorists of law and legal practice it highlights some controversial aspects and problem areas, especially in the context of the application of measures concerning criminal law.