Section I

GENERAL PROVISIONS

Chapter 5

EVIDENCE

Article 65. Evidence

Evidence in a criminal case means various factual information based on which the inquiry
agency, investigator, and court establish the presence or absence of a socially dangerous
act, the guilt of the offender, and other circumstances of importance for a correct resolution of the case.
Such information is established by testimonies given by a witness, victim, and suspect, accused; expert’s opinion, exhibits, records of investigative and judicial actions, records with appropriate attachments drawn up by competent authorities as a result of operational-detective activities, and other documents.
(Article 65 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).


Article 66. Collecting and producing evidence

The inquirer, investigator, prosecutor and court, in cases in which they conduct proceedings, shall have the authority to summon, as prescribed in the present Code, any persons as witness and victims for questioning or as experts for preparing opinions; request that enterprises, institutions, organizations, officials, and citizens produce objects and documents which can establish factual data necessary in the case; request conducting audits, request that banks submit information containing bank secret in respect of legal and physical persons according to the procedure and in the amounts prescribed in the Law of Ukraine “On Banks and Banking Activities” (2121-14). Such requests are binding on all citizens, enterprises, institutions, and organizations.
Evidence may be produced by a suspect, accused, his/her defense counsel, prosecutor, victim, civil plaintiff, civil defendant, and their representatives, as well as by any citizens, enterprises, institutions, and organizations.
In situations prescribed by law, the inquirer, investigator, prosecutor, and court, in cases in which they conduct proceedings, may charge agencies that conduct operational-detective activities with carrying out operational-detective operations or using means for obtaining factual data which can be evidence in a criminal case.
(Article 66 as amended by virtue of the Decrees of the Presidium of the Verkhovna Rada No 6834-X ( 6834-10 ) of 16.04.84, by Laws No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001, No 2922-III (2922-14) of 10.01.2002)


Article 67. Evaluating evidence

Court, prosecutor, investigator, and inquirer evaluate evidence according to their moral certainty which is based on thorough, complete and objective examination of the totality of circumstances in the case, being guided by law.
Any evidence produced to court by the prosecutor, investigator, and inquirer don’t have probative value.

Section I

GENERAL PROVISIONS

Chapter 5

EVIDENCE

Article 82. Records of investigative and judicial actions and other mediums relating to such actions

Records of investigative and judicial actions drawn up as prescribed in the present Code, mediums where procedural actions have been recorded with technical devices constitute a source of evidence insofar as circumstances and facts of importance for the resolution of the case are confirmed therein.
(Article 82 as amended by Law No 2533-III ( 2533-14 ) of 21.06.2001 – effective from 29.06.2001 ).


Article 83. Documents

Documents constitute a source of evidence if circumstances of importance for the case are stated or attested therein.
Documents are objects in which certain information is recorded by means of written characters, sound, image, etc.
The documents may include the materials of photography, audio and video recording and other media (including electronic) containing information about the circumstances established in the criminal proceedings by the inquiry agency, investigator, prosecutor or court in the manner prescribed by this Code.
Documents should be studied and attached to the case by the decision of the person who
conducts inquiry, by the investigator, prosecutor, court ruling and stored with the case all the time.
At the request of the owner and other persons who are entitled under the law to use these documents, documents or their copies seized and attached to the criminal case can be given to them in the manner prescribed by this Code.
When documents contain elements referred to in Article 78 of the present Code they are exhibits.
(Article 83 as revised by Law No 807-VI ( 807-17 ) of 25.12.2008)