PDF 

Yuri MIROSHNICHENKO,

Chairman of the Illichivsk District Court of Mariupol, Donetsk Region, Candidate of Law

THE ISSUE OF TRUTH IN CRIMINAL PROCEDURE (PHILOSOPHICAL AND LEGAL ASPECT)

The article provides that the criminal procedural evidence is comparable to scientific knowledge in epistemological sense, with methodological framework consisting of provisions of dialectical and materialist philosophy, which are applied, due to their inclusivity in all areas of cognitive activity. This provided the grounds for the disputes over a number of opinions against the possibility of reaching the objective truth in the criminal process and spread of the philosophical doctrine concerning objective truth over the process of knowing the truth during criminal procedure.

The author proves that the achievement of the objectives of criminal justice is provided by such system of criminal procedural activities which are aimed at stating objective truth, the other concepts are not suitable for obtaining reliable knowledge concerning a crime and the person who committed it.

Attention is drawn to the fact that the philosophical concept of truth has many aspects in its essence. The author supports the view, according to which the objective truth in court knowledge is absolute and at the same time relative knowledge of a crime. Because of the immensity of the object of knowledge the truth is always relative. However, this premise is not applicable to reliable facts, including the circumstances to be proved and theoretically they may be and must be substantiated during criminal procedure in accordance with what actually occurred. Relative truth is also objective, albeit incomplete knowledge of a certain phenomenon. The relativity of truth means that the subject of knowledge knows all that is possible to know about the object being studied at a certain time and in certain conditions, but what he knows corresponds to reality and if this is enough to answer the basic question of criminal procedure then at subjective truth of the case is found out.

Based on a systematic analysis of the current Code of Criminal Procedure of Ukraine author concludes that the truth is still the purpose of criminal procedure evidence. The presence or absence of the term “truth” in the language of the law is not determinative in addressing the issue of targeting criminal procedure. As long as the law will compel the court to the adoption of a legal, reasonable and reasoned decision, the judge will always seek to know the truth.

Key words: truth, knowledge, evidence, criminal procedure, philosophy.

References

Stoyko N. G. Achieving the truth in modern investigative and adversarial criminal proceedings. Forensic Library: Scientific. magazine. 2012. No 4. P. 264−273. [ukr.]

Karyakin E. A. Problems of elimination of judicial errors in the light of the doctrine of truth in criminal proceedings. OSU newspaper. 2005. No 3. P. 162–166. [russ.]

Groshevy Y. M., Stakhivsky S. M. Evidence and proof in the criminal process: scientific-practical. way. 2nd type, stereotype. K .: KNT, Vid. Fursa S. Y., 2007. 272 p. [ukr.]

Belov M. V. On the question of the criteria of truth in criminal proceedings. LexRussica. 2008. No 2. P. 298–306. [russ.]

Balakshin V. S. Evidence in the theory and practice of criminal procedure proof: the most important problems in the light of the Code of Criminal Procedure of the Russian Federation: author. dis. ... Dr. jurid. science; 12.00.09. Yekaterinburg, 2005. 62 p. [russ.]

Strogovich M. S. Course of the Soviet criminal process: in 2 t. T. 1. M .: Nauka, 1968. 470 p. [russ.]

Nor V. T. Truth in criminal proceedings: idea, dogma of law, implementation. Journal of the National University "Ostroh Academy". Law series. 2010. No 2. URL: http://www.nbuv.gov.ua/e-journals/Choasp/2010_2/10nvtdpr.pdf. [ukr.]

Komarov I. M., Zhukova N. A. Objective truth for the Russian criminal procedure legislation: for and against. Problems of law enforcement. 2005. No 4. P. 6–13. [russ.]

Kostenko V. G., Fedyshyn J. I. The problem of truth in modern philosophy and science. Scientific Bulletin of LNUVMBT named after S. Z. Gzhytsky. 2011. T. 13. No 4 (50). Ch. 2. P. 283–285. [ukr.]

Yanovska O. G. General characteristics of semantic elements of the adversarial principle in criminal proceedings. Judicial appeal: science. magazine. 2010. No 3. P. 46–52. [ukr.]

Foynitsky I. Y. Course of criminal proceedings: in 2 vols. Vol. 2. St. Petersburg, 1910. 573 p. [russ.]

Vasiliev L. M. Problems of truth in the modern Russian criminal process: conceptual provisions: author's ref. dis. ... Dr. jurid. science; 12.00.09. Volgograd, 2001. 50 p. [russ.]

Kuchynska O. P. Is it possible to establish an objective truth in criminal proceedings. Journal of the Academy of Advocacy of Ukraine. 2011. No 10 (1). URL: http://www.nbuv.gov.ua/e-journals/Chaau/2011-1/11kopvkp.pdf. [ukr.]

Filippov A. G. About the article by prof. A. S. Alexandrova "Seven Deadly Sins of Modern Criminology". Journal of Forensics. 2010. No 3 (35). Pp. 63–66. [russ.]

Yakimovich Y. K. On the possibility of achieving the truth in modern criminal proceedings. Criminal justice. 2014. No 1 (3). Pp. 69–74. [ukr.]

Barabash A. .S Adversariality is its past and present in the theory of Russian criminal procedure and legislation. Siberian Legal Notes: Yearbook of the Law Association. universities "Siberia". 2003. Issue. 3. P. 142–164. [ukr.]

Stoyko N. G. The criminal process of Western states and Russia: a comparative theoretical and legal study of the Anglo-American and Romano-Germanic legal systems: a monograph. SPb .: Izd. house St. Petersburg. state un-ta, izd-vo jurid. St. Petersburg State University, 2006. 264 p. [russ.]

Kornakova S. V. On establishing the truth in the criminal proceedings of Russia in the light of the principle of adversarial criminal proceedings. Legal science and law enforcement practice. 2010. No 1 (11). Pp. 73–79. [russ.]

Smirnov A. V., Kalinovsky K. B. Criminal process: textbook / under. common ed. prof. A. V. Smirnov. ed. 4th, re-slave. and add. M .: KNORUS, 2008. 704 p. [russ.]

Prilutsky P. V. The problem of truth in the theory of criminal justice. Law of Ukraine. 2004. No 4. P.41–45. [ukr.]