Kozubenko Yu.V. Special Procedure and Special Truth in the Interdictions of Criminal Procedure

Abstract: The subject of the research are theoretical provisions and norms of criminal procedure legislation that regulate special procedure of a legal proceeding if the defendant agrees with the filed charge and the plea agreement, which also influences the check and evaluation of the evidence when criminal cases are conducted according to such procedure. In this aspect special attention is paid to the peculiar features of the evidentiary activities, because it was the evidence that was subject to the major changes under the special procedure of a legal procedure after the procedure was facilitated. This point is justified by the fact that the court always requires analysis and check of the files of criminal investigation. A basis for that is the evaluation of the evidence present in the case. Furthermore, quality, fullness and universality of the evaluation of the evidence by the court influences legitimate, justified and just decisions the court makes regarding the case, so the aim of criminal procedure is reached due to the facilitated form of criminal procedure.  Methodologically the research is based on dialectic essentialism and universal principles of scientific cognition, such as the requirements of objectivism, concrete historical approach, unity of theory and practice, as well as provisions of the dialectic method which allows to reflect the process of how the assumptions qualitatively become verifiable knowledge. Apart from that, general and specific scientific methods were used in the research: systems, comparative legal, logical and analytical, as well as purely logical methods: analysis, synthesis, induction, deduction, analogy and hypothesising.  The academic novelty of the research lies in the fact that it conducts scientific and practical analysis of the legal nature of a special procedure of a legal proceeding and of the problems connected with the evidence in this facilitated procedure. In particular, the author formulates his approaches to the major problems of evidence in criminal procedure from the point of view of the philosophy of activity, justifies the feasibility and necessity of the investigation of the criminal case files by the court in order to establish the issue and hand down a decision according to the factual circumstances of a particular case.

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