Actuality of the article is in theoretical ensure of the national police intelligence Ukraine. The problems associated with the use of the results of reconnaissance activities operating units of the national police during the criminal procedure proof. The ways of solving these problems. Emphasized that the entry into force of the Law of Ukraine «On the national police», along with certain positive consequences not solve the problems that occurred in the operational units of the police. Hasty legislator steps created a number of stalemate situations and virtually paralyzed the subjects of operational activities of the police. Published today (and probably not developed) any documents relating to the system and the structure of the criminal police. Therefore, all related issues currently relevant. This is particularly true for the content and organization of operational investigative unit of the National Police, the performance of the functions of the intelligence in the criminal environment.

This article is devoted to research one of the most urgent problems of modern jurisprudence – namely factors revealing corruptogenic factors criminal procedural legislation of Ukraine to formulate scientifically based proposals to eliminate them and create an effective mechanism obstruct corruption offenses in the commission of the criminal proceedings. Corruption in the field of criminal proceedings is particularly dangerous, because in this segment of the state activity with appropriate grounds apply criminal procedural coercion, which significantly limits the constitutional rights, freedoms and legitimate interests of man. In connection with this very topical issue processing system of measures aimed at preventing risks and maximum exclusion Corruption abuses in this area.

The questions of substantiation of accusation in procedural decisions during the pre-trial investigation are analyzed by the author. It is emphasized that as every procedural decision, indictment should suit requirements of legality, substantiation and reasonability. Author emphasizes that the requirement of substantiation is typical not only for the decrees of court but for all procedural decisions in criminal proceedings, as indictment. The requirements of comprehensiveness, fullness and prejudice in investigation of circumstances of the criminal proceedings causes the requirement of substantiation. The final accusation is formed in the indictment during the pre-trial investigation. Furthermore, the confidence of the prosecution is formed and stated in form of assertion of guiltiness of certain person in doing of criminal offence and sufficient evidences collected during the pre-trial investigation. It is proved that the final charge which is contained in the indictment has an explicative feature. This is due to the fact that it has not the external substantiation of the procedural decision. It is proposed to highlight the evidences in the notification of a accusationed person, which substantiate the initial accusation, what should to guarantee the defense a possibility of disproof of this initial charge. In comparison with the notification of an accusated person, indictment is addressed not as to the defense, as to court, which will give appraisal of its substantiation.

In this article are discussed issues of evidence in criminal proceedings in case of death of the person about who are collected enough evidences about his involvement in committing the crime after his death, defined problems of legal regulation of proof in such cases, represented proposals for their elimination. Main purpose of this article is the analysis of Criminal Procedural Code, law of the European Court of Human Rights for the formation of proposals on improvement of certain provisions of the Criminal Procedure Code of 2012 relating to proof in proceedings with the presence of persons whose collected some data about committing their criminal offenses, but Suspected which are not reported due to their death. Much attention given to on the procedural status of the suspect, his appearance in criminal proceedings. The article touches upon the issue of closing of criminal procedure when the person did not become the suspect due to objective reasons, but now investigators do have the proofs of his guilty. The article goes on to say that ability to close of criminal proceedings against a deceased person that at the time of death had not the status of a suspect or an accused, but about of whom investigative and prosecutorial agencies collected enough data to suspect a crime by the current Criminal Procedure Law of Ukraine not provided.

It is indicated that the current the Criminal procedure Code widened essentially the means of the obtaining information about the circumstances surroundings the crime. It is exposed the institute of the non public investigatory (search) actions and some modifications concerning the regulation of the traditional investigatory (search) actions one of which is the submission of the objects for identification. This mean of the obtaining information is studied as a type of the criminalistics’ identification by the ideal imaging saved in the memory of the person who perceived an object or other. It is examined the objects that can be proposed for the identification, it is accented that this list cannot be limited or exhausted by the Criminal procedure Code’s norms. It is attended the definition of some regulations about the possibility of the submission for identification in the conditions when the person cannot give the object’s characteristics but the person affirm the possibility to recognize him if he sees him one more. It is exposed the justification and the order of the submission for identification without the visual observation of the concerned person. It is proposed to use more often this type of the submission for identification not only as a security mean of the participant of criminal procedure.

The paper addresses the issues of formation and development of pre-trial investigation authorities into the Charter of criminal justice of 1864 and determined their place in the criminal procedural proving.It was found, that according to the Charter of criminal justice of1864 the activities of the preliminary investigation authorities carried out in the following ways: 1) inquiry; 2) preliminary investigation. Inquiry was conducted by a total police, the gendarmerie and officials of certain administrative agencies that are authorized to carry out police functions in certain sectors of public administration. Preliminary investigation carried out by a court investigator. It was found, that although the activities of pre-trial investigation authorities in the form of the inquiry was closely associated with the activities of pre-trial investigation in the form of a preliminary investigation by the Charter of criminal justice, while the inquiry is substantially different from the previous investigation.The activities of the pre-trial investigation authorities in the form of the inquiry was a security nature with respect to the preliminary investigation.It is noted, that the pre-trial investigation according to the Charter for criminal justice to obtaining evidence had the right to apply measures of investigation – support measures in the task of criminal justice. These measures were internal and external surveillance, interception of correspondence, undercover infiltration and provocation.In addition, pre-trial investigation authorities have the right to apply measures of criminal investigation: reviews face and things, publications in newspapers, rounds the lodging shelters; criminal prosecution of «hot pursuit « and use of data forensic accounting, verbal questioning (survey) and secret surveillance.

In article revealed problem issues of the definition concept of actual data, its content and their meaning for documentation by operational units of law enforcement authorities crimes in the sphere of refinancing by National Bank Of Ukraine the domestic banks. It is noted that in spite of the growth in the last decade of criminal offenses in this area, searching and fixing actual data of wrongful acts of individuals and groups carried out not efficient enough, as evidenced by the materials of practice. One of the reasons for this is the complexity in understanding by the operational units concept and content of actual data of wrongful acts of these persons and groups, the lack of unity of opinion of scientists in relation to the scientific and legal categories. Based on the results of analysis of scientific and legal sources formulated the concept actual data, revealed their content and ratio of operational information and procedural evidence. It is noted that the actual data are not any information, not any data on criminal offenses. Actual data – is the data about facts (the circumstances) criminal offenses with probable character. Therefore, during documentation criminal offenses in the sphere of refinancing by National Bank Of Ukraine the domestic banks the operational units must make efforts for obtaining exactly actual data about criminal offenses, but not operational information, that have the probable character, because only actual data can be used in criminal procedural proving, attain the status of evidence in way and form defined of criminal procedural law for each type of evidence.

The article emphasizes that under complicated criminal situation today investigating crimes, especially organized crime exerted, must be carried out by integrated application capabilities and methods of operational and procedural criminal activities. However, law enforcement functions specified at this time are in the active phase of the reform of their legal and institutional framework, hence the need for further detailed scientific understanding of the mechanism of operative-investigative criminal proceedings and ensure security of participants in criminal proceedings. Safety of participants in criminal proceedings is considered to be one of the main tasks and at the same time an integrated component of the concept of «operational and criminal provision of criminal proceedings». The directions of improvement of legal regulation of security of participants in criminal proceedings are set up in the article. Considered the article position allows the author to conclude that the safety of participants in criminal proceedings is one of the main tasks and complex at the same time part of the term «search operations to ensure the criminal proceedings.» Improving the regulatory framework to ensure the safety of participants in criminal proceedings will facilitate the implementation of the Law of Ukraine «On State Protection of court employees and law enforcement agencies» and «On safety of persons involved in criminal proceedings,» the CP? Ukraine (2012) in a separate section entitled «State protection of persons involved in legal proceedings, judges, court staff and law enforcement agencies» with foreknowledge of regulations in accordance with the recommendations made in this article.

In article based on analysis of scientific sources, the provisions of the Criminal Procedure Code of Ukraine in 1960 and the Criminal Procedure Code of Ukraine in 2012 investigated the legal nature of seizure and provisional access to objects and documents. It is concluded that regulated norms of criminal procedural law procedure implementation provisional access to objects and documents is a positive step of the domestic legislator on the way to approximation of the legal regulation for criminal procedural activities to international standards and a higher level for ensuring rights of a person. However, relevant norms of Chapter 15 CPC of Ukraine needing appropriate changes and additions in particular towards the simplification of the procedure of proceedings in appropriate circumstances. Considered problem issues associated with use of the results of covert investigative (search) action for provisional access to objects and documents. It is proved that for implementation of adversarial principles of criminal proceedings should legislatively determine the appropriate procedure for storage defender physical evidence by defender in the implementation criminal proceedings that in turn will create proper criminal procedural guarantees of defender as a subject of proving in criminal proceedings.

The notion of evidence and criminal procedure proof. The content of operational units by modern legislation and reveal their role in the criminal procedure proof. The content conspiracy of operational units, defined its goals and objectives. Outlined the importance of secrecy in ensuring the operational divisions of criminal procedure proof. Determined that documenting evidence of wrongful acts of individuals and groups obtain information necessary for making decisions on collecting evidence of effective organization and tactics of pre-security court staff and law enforcement agencies can be effective only if the covert implementation. Secrets own activities operational units ensure through measures, which is the essence of conspiracy. Emphasized that secrecy is legal (legitimate) means creating appropriate conditions for the operational units means of ensuring that the tasks and achieve the goal of operational activities and criminal proceedings. Determined that the conspiracy of operational units ensure the implementation of high social purpose operational activities and criminal procedure contributes to the implementation of the objectives and the goals of criminal justice. It is an important part of identifying and documenting their crimes, court security personnel, law enforcement (and those who participate in criminal proceedings, their family members and close relatives), and accordingly the proof in a criminal trial

In this assay is analyzed the provisions of national legislation and international legal documents on criminal proceedings, as well as problems of application of provisional arrest and proving when applying the preventive measures, taking into account the practice of the European Court of Human Rights. The author had come to conclusion: by Procedural Criminal Code of Ukraine is defined the common terms of takeover procedure of criminal proceedings, but its implementation depends on the regulation of certain provisions in the Treaty on international legal assistance, because by mentioned provisions can be defined procedure, which is different from the national legislation criminal procedure. The author had come to conclusion that the object of proving the circumstances, which should be determined in criminal procedure depends on the legal regulation in the relevant provisions of the international treaty. Therefore, author had proposed be guided by multilateral or bilateral agreements ratified by Ukraine, in the specific case of the State- requestor The author had conducted analysis of the provisions the Agreement between Ukraine and the United States on mutual legal assistance in criminal cases (22.07.1998) and come to conclusion that its provisions is not stipulated possibility of taking over the criminal proceedings and temporary detention of a person before the moment of receipt of a request for legal assistance. However, the provisions of the European Convention on the Transfer of Proceedings in Criminal Matters of 15.5.1972, the (further – ECTPCM) stipulates the procedures of taking over the criminal proceedings and temporary detention. The author had come to conclusion that among the above international legal agreements only European Convention provides the possibility of a person in protection and proving the circumstances, which prevent the takeover of the criminal proceedings, which is the key to guaranteeing the right to a fair trial.

The article is devoted to the internal system of the presumption of innocence and provision of proof of guilt. The author of the article revealed the essence separate of the presumption of innocence, as well as providing proof of guilt. It is noted that any principle of criminal proceedings, including presumption of innocence and providing proof of guilt, a priori guarantee that does not deprive its multifunctionality: be the foundation, and guarantee the rights and freedoms of individuals, and part of the mechanism of the rights and freedoms of persons in the course of criminal proceedings, and a means of achieving the objectives of criminal proceedings etc. It is established that the presumption of innocence is a legal category that is associated with the natural rights of man, and cannot exist separately from other principles of criminal proceedings, and therefore the system is in close relationship with all the principles of criminal proceedings and has an internal interconnection together with provision of proof of guilt.

In this article, the author emphasised that financial and image reputation has always been of substantial importance for our country. At the same time emphasing that together with the positive aspects of this development, comes with it high level of crime with the tendencies of using this sector for organising illegal migration of members of International terrorist organisation into EU countries and forming a transnational criminal group on human sales and trafficking. For precautionary purposes, and solution to stopping the above stated by the author, comes the need for the qualitative and timely search for the actual data of the criminal activities in the International Students exchange in our country. At the same time, the laws and the degrees do not reveal the basic concepts and essence of operative search of criminal violation in the International Student exchange program. Analysing the author’s understanding, and the materials of operatively search activity, gave the author the bases of defining the concept of operative search of factual data of crimes within the International student exchange program, as system of reconnaissance and search activities, conducted by designated personnel, members of operative search activities, for obtaining and verification of primary information on persons, subjects and events which is of operational importance.

The article is based on an analysis of research of corruption, its manifestations, means to combat it, have been implemented in the fields of political science, criminology, criminal, administrative law, criminal procedure and criminalistics found that today thanks to them formed a scientific base of support for fighting corruption offenses containing different aspects allowed knowledge of the content and nature of corruption, administrative law, criminal legal means of combating it, methods of detection and investigation of corruption crimes. A study generalization shows the existing gaps in terms of scientific support implementation of evidence in criminal proceedings of corruption crimes in the field of official activity and professional activities related to the provision of public services. With that, based on the content of the studies and practice needs for of their liquidation priority development circumstances need to be proved on each of the crimes in this category, procedural grounds and procedure for entering data in the Unified Register of pre-trial investigations, especially the collection of evidence of corruption crimes during the investigation (search) undercover investigative (search) actions and other procedural actions as in the general procedure of pre-trial investigation and in the mode of special pre-trial investigation (in absentia), as well as the procedural status of persons specified in Art. 480 CPC of Ukraine.

The article focuses on national and international professional standards. Legal bases and major orientations of international cooperation of forensic expert institutions are dealt with; in particular, new elaborations in the sphere of investigation methodology and technique, creation of international networks integrating research reserves of forensic institutions of different countries (European, Asian, African etc.), scientific conferences of forensic experts, harmonization and perfection of national legislation and theoretical fundamentals of forensic expert examination, international recognition of expert opinions as a whole, as well as enhancement of forensic expert institutions staff professional expertise is highlighted.

The article is dedicated to determination of a situation of committing of crimes against environment in legal constructions of crimes bodies that are stipulated by section VIII of the Special part of the Criminal Code of Ukraine. It is grounded that there are different variants of combination of a place, time and circumstances of committing of a certain crime in the content of such a situation. There is paid individual attention to specifics of direct determination of signs of the stated components of the situation in norms of the stated section of the Special part of the Criminal Code of Ukraine in the article, and there are also observed such variants of combination of a place, time and circumstances of committing of a certain crime, that are determined by means of interpretation of certain wordings in the criminal norm. The author formulates conclusions in which there are presented the stated variants of combination of a place, time and circumstances of committing of crimes against environment, and there are also grounded the increase of the level of public danger of such crimes in connection with presence of different variants of combination of a place, time and circumstances in a certain situation that surround actions that are dangerous for public.

The issues related to the improvement of names Section VII Special Section of the Criminal Code of Ukraine «Crimes in the sphere of economic activity». Outlined some of the historical background of the problem, given the constitutional provisions on the legal regulation of the respective sphere of public relations. Revealed scholarly position on the interpretation of the concept of «economic crimes» and its analogues. We present the case for the use of the criminal law concept of «crimes against the market economy.» The term «market economy» is defined differently in various sources. Here are just a few definitions. Market economy means a socio-economic system that is based on the principles of free entrepreneurship and choice and is developed on the basis of private property and commodity-money relations. This is the type of economy that is organized on the basis of market self-regulation, in which coordination of participants’ actions is carried by the state, namely – by legislature and judiciary directly, and by executive branch – indirectly, through the introduction of various taxes, duties, privileges and more. Only decisions by buyers, suppliers of goods and services themselves determine the structure of distribution in such economy.

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This article investigates the issue of understanding the concept and content of criminalistics providing of proving in criminal proceedings. The author distinguishes summarizes the views of scientists on three groups. To the first group she includes scientists who examined the criminalistics providing as a system (static or dynamic). The second group of scientists examined the criminalistics providing as an activity. Representatives of the third group looks combine the previous two groups and see this phenomenon not only as an activity but as a special organizational and functional system. It is reported that forensic provide proof in criminal proceedings is actually software (supply, meeting the needs of) the subject of proof installation process (collection, verification and evaluation of evidence) during the pre-trial investigation and court proceedings, legal proceedings in connection with a criminal offense technical means, reception and tactical methods. Based on the analysis, the author proposes own definition of criminalistics providing of proving in criminal proceedings as meeting the needs of the collection, verification and evaluation of evidence to establish the subject of proof technical equipment, tactical techniques and methods of criminology during the preliminary investigation and prosecution of criminal offenses, legal proceedings, the adoption of procedural decisions in criminal the process.

The article is devoted to research of foreign experience of becoming of institute of magistrate’s courts. Its introduction will become the progressive phenomenon in the field of justice and will be instrumental in its democratization. Magistrate’s courts in other states decide morally legal conflicts and examine simple civil and criminal cases, it helps in diminishing of loading on county courts and in rev-up and operationability of consideration of cases. Exploring the draft law «On magistrates communities» the author notes that conclude that, of the Peace courts does not apply to the judicial system of Ukraine, as advocates of local communities as a means of extra-judicial dispute resolution (mediation or modeled arbitration courts). It is noted that judges appointed magistrates courts on behalf of the British Crown, Lord Chancellor, which considers nominations submitted by advisory committees that exist in every county of England and Wales. Legal qualifications are not a prerequisite to this appointment, members of the expert commissions rather take into account the personal and moral qualities of the candidates and their understanding of the work. Candidates for the post of magistrate-picked mostly among middle- class and middle age. Procedure and forms of proceedings specified in the bill, contrary to fundamental principles of arbitration and mediation – a voluntary agreement of the parties to the dispute between them. Based on the provisions of the bill as Justice of the Peace courts have the right to exercise clerks proceedings and collect from the debtor’s money or property without summon and call a meeting of the parties to hear their explanations.

The article deals with the investigation of peculiarities of reforming the judicial system of Ukraine on the contemporary stage of its development. In historical context the reference point is represented by the author with affairs, which are known as the «Revolution of Dignity» and caused changes in the political structure of the state. On the basis of statistical data it was possible to conclude that the primary task of the judicial reform at the investigated period was the renewal of trust to the judicial power in society. To achieve it, a range of legislative acts was adopted in Ukraine, which foresaw the application of lustration procedures as for judges as a kind of mechanism of «purification» of the judicial power. While analyzing legislative provisions and real consequences of their realization, the author has made an opinion about inefficiency, inappropriateness and unacceptability of lustration application in the judiciary. The author’s opinion is based on the provisions of systems theory and the theory of judicial reform. Particularly, it is stated that the domestic judicial system after the «Revolution of Dignity» entered, to express with the terminology of synergy, the zone of bifurcation (when its system parameters (independence, legitimacy) achieved critical level and caused system crisis). Due to this fact, the judicial system became unstable in relation to fluctuations, and its future became uncertain and unpredictable. While adapting to changes, the judicial power returned to the previous condition which was the point of relative balance for it. Besides, it is also noted that after making the judicial system accountable for changes in the judicial power, reformers in advance chose the way with unpredictable results. Form the viewpoint of the strategy of judicial reform, an integral part of which is a high level of predictive competence of its developers, it was incorrect. To sum up it was concluded that the form, in which lustration was imposed on Ukrainian judicial system, looked like a manipulation of social consciousness, as an act generated by revolutionary expediency. Therefore, to make the achievements of revolutionary changes to be the source of development, emotions should be directed at rational thinking and organizational activity

In the article highlighting the problematic issues of the proving of the prosecution acceptance of an offer, promise or receiving illegal benefits by an official. During the investigation of the facts acceptance of an offer, promise or receiving illegal benefits by an official, one of the priority tasks of the investigator and the prosecutor is to identify a subject of undue benefits and documents, including management (decrees, orders, protocols), accounting, private (drafts, letters, records in desktop calendars, notebooks, telephone directories and on separate sheets) and others (hotel bill, registration of vehicles, purchase of an apartment), which may indicate the acceptance of an offer, promise or receiving illegal benefits by an official and agreements between the person receiving undue benefits, and the person who has, for the amount of illegal gains, time and place of meetings, etc. Attention the attention of the fact that during the consideration of petitions investigating prosecutor temporary access to objects and documents in the criminal proceedings in this category often require to investigators and prosecutors to provide in support of applications corresponding solid evidence of the commission of unlawful acts that get differently in the course of these proceedings, it is impossible.

In the article on the results of analysis of statistical data, materials, practices, scientific literature and the results of a survey of practitioners, investigated issues connected with evidentiary value video material obtained during the investigation into the mass riots. It is noted that mass riots caused significant losses to the state, society, community organizations and individual citizens, causing harm to life, health, honor and dignity of people of different ownership, public safety, the authority of state and government. They violate public order and the normal functioning of the state and public institutions, the rhythm of public life and calm people. It was found that video is also used by law enforcement agencies, which are completed by the documentation of illegal actions of the crowd. Thus, it is important to investigate the criminal proceedings are operational materials Video-recording mass riots, carried out in the manner specified by departmental orders and instructions. For the operational plan of Video-recording of the video is determined quantitative and personal composition of documentation. To her, | usually include: videographers, comprehensive record of operational staff and physical cover for carrying out direct assistance in entering the facility or place of shooting and physical protection service.

The article is devoted to the relevance of the protecting of the rights, freedoms and legitimate interests of the suspect in the application of apprehension of a person in criminal proceedings of Ukraine. It is noticed that aprehhension of a person is one of the most severe measures of restraint. Author discovered that protecting from illegal and unproven apprehension of the person practically consists of two main stages: the first means the activity of defense counsel in the course of apprehending a suspect; the second is related to challenging decisions, acts or omissions, involved with the apprehension of a suspect by his defense counsel. The urgent questions of determinating the admission time of defense counsel in criminal proceedings during the apprehending of a person, and also free choice of the defender by the person who has been apprehended on suspicion of having committed a criminal offence, have been also considered in the article. The authorial variant of amendments to enforceable criminal procedure law of Ukraine, aimed at the ascending the defense level of the rights and legitimate interests in the course of apprehending a suspect, is recommended in the article. It is concluded that to ensure the practical realization of the rights of persons detained on suspicion of crimes teachings, to free choice of counsel, we consider it necessary to amend ch. 4 Art. 213 CPC that the authorized officer who carried out the detention, said the detention defender, involved the suspect alone, and the authority empowered by law to provide legal aid reported detention only if the suspect is unable to attract the defender own or elected suspects counsel came to the detainee within three (3) hours of notification of the detention. Thus, in ch. 5, Art. 208 CPC should provide that in the minutes of detention indicated as information about a message defender or body authorized by law to provide free legal aid.

In this article the author analyzes the current Convention between the Government of Ukraine and the Government of the Republic of Cyprus for the avoidance of double taxation and prevention of tax deviation relative to taxes on income, as well as the latest changes to be introduced by the new Convention. Particular attention is drawn to the critical flaws of recent changes, introducing new legislation in the field of avoidance of double taxation, namely the changes concerning complications of obtaining a reduced tax rate on dividends and increasing the percentage of taxation. Also, the author emphasizes the absence as of today of special rules on the taxation of income from the disposal of shares and analyzes the changes that appear in the convention in the nearest future. Author’s research of convention and the latest amendments thereto revealing their impact on the conditions of doing legal business. In his article, «The avoidance of double taxation between Cyprus and Ukraine: the latest changes in legislation and their influence on doing business,» the author explain the ineffectiveness of the existing and amended legislation in the area of avoidance of double taxation between Cyprus and Ukraine and argues about the inevitability of capital outflow from Ukraine and the growth of the illegal use of non-resident companies for money laundering earned in Ukraine. The researcher illustrates the key flaws of legislation and the necessity to develop the mechanism for improving the effective tax planning. The author sees the solution of the problems of the avoidance of double taxation in improving the logical reformation of the current legislation of Ukraine without any major changes, but not to increase the tax rate and complication of doing business.

The article deals with issues about the legal nature of the request of the investigator and the prosecutor in the procedure of legal restrictions on the right for freedom and personal immunity in criminal proceedings. Based on the analysis of the relevant provisions of the applicable national legislation contained in scientific sources viewpoints of scholars and practitioners, the article makes an attempt to determine the category of the request in the procedure of legal restrictions on the right for freedom and personal immunity in criminal proceedings. Also, the article dedicated to research the procedure for submission and consideration of the investigators and prosecutors request to preventive measures, which restricting the right for freedom and personal immunity in criminal proceedings. It is noted that the time of filing the court petition for the preventive measure does not limit the prosecutor in the possibility of its withdrawal of the amendment. Thus, the reason for the recall petition for the preventive measure is the circumstances that previously notified refute the suspicion of a criminal offense or indicate the need to replace it. And do it the prosecutor should promptly after it become known these facts

The article is devoted to the research of standards of proof, especially beyond reasonable doubt. In contrast to Criminal procedural code of Ukraine 1960, the Criminal procedural code of Ukraine 2012 in the Article 17 enshrined the presumption of innocence and obligation to prove guilty of a person thereby it has duplicated the meaning of Article 62 of the Constitution of Ukraine and has extended it a little bit by adding phrase that prosecution must prove the guilty of a person beyond a reasonable doubt. The legislator added the provision that the prosecutor must prove guilty of a person beyond reasonable in the Article 17 of Criminal procedure code of Ukraine but legislator didn’t defined «reasonable doubt» – which doubt we have to call reasonable and which not. Yet the presence or absence of reasonable doubt is key part in decision making process of judges and jury in trial. In this connexion, the research of standard of proof «beyond reasonable doubt» is very actual and promising for the criminal procedure of Ukraine. The author has conducted the analysis of scientific literature and legislation of Great Britain, USA and on decisions of The European Court of Human Rights as well. The key decisions of ECtHR, in which consist its interpretations and practice of using the standard of proof. The author revealed particular issues of defining standard of proof «beyond reasonable doubt» and emphasized guidelines of its application in concerned cases and in criminal procedure of Ukraine as well.

The article deals with the criminological characteristics of the trace picture as an element of the evidence-based information source during the investigation of the violations of the privacy. Basing on the scientific approaches, materials of the investigation and litigation, current legislation of Ukraine, the author describes the features of the trace picture of the violation of privacy. The author also formulates own scientific approach to determine its nature and highlights the link with other trace picture elements of the criminological characteristics of a crime. Special attention is given to the classification model of the trace picture of the violation of privacy, which is based on criteria such as the way the crime and offender’s characteristics. The results of the research, the author comes to the following conclusions: 1) defining the essence of painting as trace elements of criminological characteristics of breach of privacy is essential for its investigation, as a source of evidence-based information that is essential organizational and tactical importance in the investigation; 2) the trace picture violation of privacy is in correlation with other elements of its criminological characteristics as the study makes it possible to determine the trace mode and mechanism of the crime, get information about the offender, including exposing false testimony, concealed criminal evidence etc; 3) trace a picture of privacy is characterized by both material and ideal traces of the crime; 4) classification traces violation of privacy appropriate to use in the practice of law enforcement as it will encourage rapid, thorough and comprehensive detection and investigation of crime.