Key points are not available for this paper at this time.
The article proposes to improve the classification of methods of gathering evidence (formation of the evidence base of the legal position of a particular subject of evidence) into: (1) methods used by subjects conducting criminal proceedings and (2) methods used by subjects protect their or their interests in criminal proceedings. The essence of certain methods of gathering evidence (formation of the evidence base of the legal position of a particular subject of evidence), in particular, such as: demand and receipt, initiation of investigative (search) actions, as well as other actions by the defense proceedings are underway that are able to ensure the submission of appropriate and admissible evidence to the court. Peculiarities of term use in relation to the named methods in accordance with the current CPC of Ukraine are considered; analyzed issues concerning the objects of demand and receipt, possible both procedural and non-procedural actions that can ensure the submission to the court of appropriate and admissible evidence. Critical remarks were made regarding the procedure of normative regulation and use of one or another method, as well as in general about the expediency of allocating such a method as initiating investigative (search) actions. Regarding the latter, the opinion expressed in the scientific literature that such “initiation of investigative (investigative) actions” should be considered not as a way of gathering evidence by the defense, but as one of the opportunities for the defense to participate in evidence by the prosecution. Particular attention is paid to the peculiarities of documenting the use of all considered methods of gathering evidence (formation of the evidence base of the legal position of a particular subject of evidence).
V. Vapnyarchuk (Sat,) studied this question.