SUBJECT OF PROOF WHEN MAKING A PROCEDURAL DECISION ON CLOSING CRIMINAL PROCEEDINGS BY THE INVESTIGATOR

Abstract

The article provides a comprehensive study of the subject matter of proof in the context of an investigator’s procedural decision to terminate criminal proceedings as one of the key stages of the pre-trial investigation. Contemporary scholarly approaches to understanding the essence of criminal procedural proof, its functions, and its significance for ensuring the legality and substantiation of procedural decisions are analysed. Particular attention is devoted to defining the subject matter of proof as a central category of criminal procedure. Various concepts concerning the structure of the subject matter of proof are examined, including its differentiation into general, generic, special, and individual levels. Particular emphasis is also placed on the concept of the local subject matter of proof. It is substantiated that, when terminating criminal proceedings, primary importance is attached to establishing precisely those factual circumstances that constitute the grounds for adopting such a decision in accordance with the requirements of criminal procedural legislation. It is demonstrated that, in this context, the content of the subject matter of proof is variable and directly dependent on the specific ground for terminating the proceedings. The importance of the proper evaluation of evidence by the investigator in ensuring the legality, reasonableness, and fairness of the adopted decision is emphasised.