The concept of gathering evidence by parties of criminal proceedings

Collection of evidence is the first, important component in ensuring the process of proof in criminal proceedings. Its content consists in finding actual data that will allow establishing the circumstances of a criminal offense and ensure objectivity in achieving the objectives of criminal proceedings. Taking into account the specifics of the activity of the authorized subjects involved in the proof, there is a need to form the appropriate theoretical foundations of the outlined activity, which will ensure effective law enforcement. The article analyses the main concepts formed by scholars regarding the definition of «evidence collection», which differ in certain respects. The author provides a linguistic interpretation of such concepts as «collection» and «evidence». It is substantiated that the concept of «collection of evidence» may include such elements as: cognition, finding, perception, demand, seizure, preservation and recording. The author defines their definitions and draws attention to their functions in criminal procedure in the course of evidence collection. The conducted analysis proved that during the formation of the definition of the concept of «gathering evidence» by the parties of criminal proceedings: 1) it is appropriate to use such an element as «finding», which includes such terms as «search», «detection», «receiving», « obtaining» and which individual scientists define them as independent elements of the evidence-gathering process and use them alongside the term «finding»; 2) between such terms as «fixation» and «backing», which are synonyms, it is correct to use «fixation» as an element of the activity of gathering evidence, because it is broader in meaning. It is concluded that the gathering of evidence by the parties to criminal proceedings is a cognitive activity of the subjects authorized to do so, which consists in finding, perceiving, demanding, separation, preserving, fixing actual data that are important for criminal proceedings, in accordance with normative legal acts, decisions of the Constitutional Court of Ukraine, resolutions of the Plenum of the Supreme Court and taking into account the practice of the European Court of Human Rights.