Regarding the content, structure and concept of evidence collection in criminal proceedings: procedural and criminalistics aspects

Abstract. The purpose of the conducted research is to clarify the content, role and structure of collecting activities. Despite the fact that these issues were covered in a number of scientific papers, but there was still no unity of positions on them in the legal literature. The research methods are to generalize the positions of legal scholars on the essence of collecting evidence, its structure and components, as well as the analysis of practical activities on collecting evidence, which is regulated by the Criminal Procedural Code of Ukraine. The results of the research are that the collection of evidence in criminal proceedings should be considered as a separate and independent element of criminal procedural activity on proving. It has been established that the collection of evidence is carried out in a procedural form (clearly defined procedure and methods of implementation) due to the accomplishment by the subjects of proving (prosecution and defense parties) of the relevant actions. The structure of the activity on collecting evidence has been offered to include actions on detecting and recording, demanding and obtaining and preserving evidence. It has been determined that the collection of evidence contributes to the fulfillment of the tasks of criminal proceedings due to the creation of conditions for the formation of a sufficient set of relevant, admissible and reliable evidence. The author of the article has paid attention to the fact that different approaches � "procedural" (the emphasis on procedural manifestations of this activity, subjects of proving, regulation by the norms of procedural law) and "forensic" (the emphasis on practical actions � elements of collecting evidence) are used in the science of criminal procedure and criminalistics science while defining the concept of "collection of evidence". Although, both approaches are somewhat different from each other, they describe the same phenomenon. Therefore, it is advisable to combine these approaches in order to understand the collection of evidence from the methodological point of view. The results of the research facilitate to specify theoretical structure of collecting evidence within criminal proceedings as a separate element of proving. Proper, clear and comprehensive legal regulation of the content of actions on collecting evidence will contribute to the further development of criminal judicial proceedings in Ukraine as an effective mean of protecting individuals, society and the state from criminal offenses. Key words: criminal procedure, proving, detention of evidence, evidence recording, obtaining evidence, evidence preservation, collection of evidence, evidence, tasks of criminal proceedings.