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.
Admissibility of evidence - national proceedings
EDIT.