Issue 1 (23) 2014

GulkevychZ.T. TO THE QUESTION ON THE INVESTIGATION ACTS PROTOCOLS FUNCTIONS

TO THE QUESTION ON THE INVESTIGATION ACTS PROTOCOLS FUNCTIONS

Z.T. Gulkevych

Lviv National University after Ivan Franko
1, Universytetska st., Lviv, 79000
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Abstract: The article deals with the question of the functions of the investigation acts protocols. It means their targeted purpose and role performing by them in settling criminal proceeding tasks. The functions of the investigation acts protocols have not been the object of detailed research until now. Characterizing protocols as proceeding sources of evidence and as a means of investigation acts recording, many authors have confined themselves to these two qualities. But by this their purpose is not exhausted in criminal proceeding. More complete analysis of the functions investigation acts protocols has an essential meaning for it gives possibility: (a) to explain the purpose of the investigation acts recording, the order of reflecting in the protocols the conditions of their proceeding and results; (b) to define the role of the protocols of each variety of the investigation acts in the system of proceeding sources of criminal evidence; (c) to formulate certain demands which fall within conditions of their formation, content and form. The protocol like any other document is polyfunctional. The protocols of the investigation acts in the criminal proceeding carry out the following functions: 1) function of proceeding source of evidence; 2) they are substitutes of other resources of the factual data; 3) they serve as a principle basis which secures the receiving of credible (proof) evidence; 4) function of the principle data source for the clearing out the new conditions of the investigating event by means of conducting new acts; 5) information function; 6) communicative function; 7) they provide the performing of the court control functions and (8) the fulfilling of the preventive function. In the end the author made the conclusion that the protocol of any investigation act is the combination of a few closely connected with each other functions. But the protocol polyfunctionality does not exclude a dominant role of the two major functions (the proceeding source of evidence and the information functions), carrying out by them in the criminal proceeding.

Keywords: investigation acts; protocols of the investigation acts; functions of the investigation acts protocols; evidence; proceeding sources of evidence

References

1. Vіsnik Verhovnogo Sudu Ukraїni. 2005. №8.

2. Vorob'ev G.G. Dokument: informacionnyj analiz. M.: Nauka, 1973. 255 s.

3. Iljushhenko M.P., Kuznecov T.V., Liv­shic Ja.Z. Dokumentovedenie. Dokument v sisteme dokumentacii. M., 1977. 84 s.

4. Ratinov A. Lzhesvidetel'stvo i bor'ba s nim // Soc. zakonnost'. 1974. №5. S. 31?36.

5. Jejsman A.A. Zakljuchenie eksperta v sisteme sudebnyh dokazatel'stv (issledovanie logicheskoj struktury dokazyvanija, metodov obosnovanija vyvodov eksperta i ih ocenki v ugolovnom processe): avtoref. dis. ... d-ra jurid. nauk. M., 1965. 36 s.