PROVING IN DISCIPLINARY PROCEEDINGS REGARDING PERSONS WITH SPECIAL RANKS OF THE BUREAU OF ECONOMIC SECURITY OF UKRAINE

Abstract

The article is devoted to a comprehensive analysis of proving in disciplinary proceedings regarding persons with special ranks of the Bureau of Economic Security of Ukraine. It has been established that legal evidence is divided into judicial (procedural), which is carried out during the administration of justice, and extrajudicial (procedural), which is implemented as a result of the extrajudicial application of the rules of law. A variety of the latter in disciplinary proceedings is considered to be evidence against persons holding special ranks of the Bureau of Economic Security of Ukraine. It has been found that evidence in disciplinary proceedings against persons holding special ranks of the Bureau of Economic Security of Ukraine is an activity regulated by current legislation of authorized entities to establish the subject of evidence, collect, study and evaluate evidence in order to establish the factual circumstances of the commission of a disciplinary offense by persons holding special ranks of the Bureau of Economic Security of Ukraine. It has been determined that the main stages of proving in disciplinary proceedings against persons holding special ranks of the Bureau of Economic Security of Ukraine are the formation of the subject of proof, the collection of evidence, its study and evaluation. Thus, the subject of proof is the set of factual circumstances that are subject to proof in a disciplinary case against persons holding special ranks of the Bureau of Economic Security of Ukraine. The collection of evidence is the activity of identifying and recording the receipt of evidence that is important for establishing the factual circumstances of the commission of a disciplinary offense by persons holding special ranks of the Bureau of Economic Security of Ukraine. The study of evidence is the activity of the subjects of disciplinary proceedings to clarify the content of the evidence for their further evaluation. Evidence assessment is the activity of subjects of disciplinary proceedings aimed at reaching a conviction regarding the admissibility, appropriateness, reliability and sufficiency of evidence necessary to establish the factual circumstances of the commission of a disciplinary offense by persons holding special ranks of the Bureau of Economic Security of Ukraine. Evidence in disciplinary proceedings regarding persons holding special ranks of the Bureau of Economic Security of Ukraine is factual data that, in accordance with the procedure established by law, is used to establish the circumstances of the commission of a disciplinary offense by such persons. The main means of proof in such proceedings may be the explanations of the person held to disciplinary responsibility; written and electronic evidence; explanations of witnesses; conclusions of specialists and experts; material evidence, etc.