Nikitenko Victor. Definition of the offenses related to falsification of evidence
Any proof is characterized by unity actual data (information about the facts) and procedural sources of its receipt, that the unity of content and form respectively. Therefore, the court and actors using actual data, materialized in the testimony of witnesses, explanations of the parties, expert opinions, objects and documents.
The author proves that the subject of offenses related to falsification of evidence, according to the current Criminal Code of Ukraine: 1) documents in criminal proceedings and official written evidence in civil, administrative or economic judicial proceedings covered by the term “official document” (Art. Art. 357, 358, 366 of the Criminal Code of Ukraine); 2) evidence – documents if they contain elements referred to in Part. 1, Art. 98 Code of Ukraine; 3) the witness or victim, expert opinion, the report appraiser of property evaluation and translation in any form of legal proceedings (Articles 373, 384, 386 of the Criminal Code of Ukraine). Not classified as crimes subject analyzed by the following procedural evidence: 1) private written documents in civil, administrative and economic judicial proceedings; 2) evidence, including magnetic, electronic and other media containing audiovisual information in addition to documents on the grounds of evidence, mentioned in Part. 1, Art. 98 Code of Ukraine; 3) explanations of participants.
Based on the research the author offers legislator to consider amendments of the Criminal Code Ukraine a special article, which establish liability for falsification of evidence, regardless of justice or to amend the Articles 358, 364, 366, 373, 384, 386 of the Code to include private written evidence, material evidence and explanations of the parties objects to these crimes.
Key words: proof document evidence, testimony, imitation, substitution, distortion