The structure of criminal procedural proving in court proceedings in the first instance

In the article the author emphasizes that the process of proving during the pre-trial investigation and in the court proceedings is significantly different, which is naturally determined by the tasks, conditions, and features of these stages of the process. Proving at the stage of pre-trial investigation is characterized by practical activities aimed at actively searching for factual data, while in court proceedings the emphasis shifts to logical and mental activities related to their research, arguments, persuasion, and justification of decisions. The article supports the concept of distinguishing pretrial and judicial evidence, as they are formed in different procedural conditions. It is proposed to distinguish four elements in the structure of criminal procedural proving in court proceedings in the first instance: 1) formation of evidence; 2) research of evidence; 3) evaluation of evidence; 4) use of evidence. The organizing role in the formation of the evidence base is played by the court, which must ensure the opportunity for the parties of criminal proceedings, other participants to submit materials that have evidentiary value, to submit a request to summon persons to a court session for questioning, to perform other procedural actions. The opinion is supported that the formation of criminal proceedings materials (evidence base) should be carried out in preparatory proceedings. It has been established that not every proceeding carries out an research of evidence - it is absent in the case when the court recognizes the inexpediency of the research of evidence regarding circumstances that are not disputed by anyone, simplified proceedings regarding criminal misdemeanours and proceedings based on agreements. Participants of criminal proceedings use evidence in different ways: the parties and other participants of the proceedings use evidence to justify their legal position both in the proceedings as a whole and in relation to individual issues to be resolved; the court puts them in the basis of the court decision, justifying it. In view of the proposed structure, the author's definition of criminal procedural proving in court proceedings in the first instance is presented.