CORRELATION BETWEEN CHECKING THE EVIDENCE AND EXAMINATION THE EVIDENCE IN CRIMINAL PROCESS OF UKRAINE

The article deals with the scholars' views on how checking the evidence and investigation the evidence in the criminal process correlate. Based on the analysis of the Criminal Procedural Code of Ukraine adopted on April 13, 2012 (with subsequent changes), the question of the correlation between checking the evidence and investigation the evidence in criminal process of Ukraine was clarified. Meanings in which investigation the evidence is used in all the articles of the Criminal Procedural Code of Ukraine in which it occurs are figured out. Proceeding from the fact that checking the evidence is the activity of the subjects of proving for content of evidence clarification, the comparison of evidence, and the collection of new evidence carried out in order to determine the relevance, admissibility and authenticity of each evidence, it is illustrated that only in a number of articles of Criminal Procedural Code of Ukraine investigating the evidence is used in the same meaning as checking the evidence. It is proved that the legislator by investigating the evidence mostly means the activity including the collection and checking the evidence. It is shown that in separate norms of the Criminal Procedural Code of Ukraine investigating the evidence is used in the third sense — аs proving, that is, the activity consisting in the collection, checking and evaluation of evidence which is carried out in order to clarify the circumstances of the criminal proceedings. The article substantiates the false beliefs that the concepts of checking the evidence and investigating the evidence are identical and are used synonymously.