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Vapniarchuk, V. V.
    Standards of criminal procedure evidence [Текст] / V. V. Vapniarchuk, V. M. Trofymenko, O. G. Shylo, V. I. Maryniv // Journal of Advanced Research in Law and Economics. - 2018. - Vol. 9, Iss. 7. - p. 2462-2470
   Перевод заглавия: Стандарты уголовно-процессуальных доказательствББК Х629.34

Аннотация: The strategy of integration development of Ukraine envisages, in particular, the implementation of international standards of justice in the legal system of Ukraine. The article explores the essence of such a legal category as ‘the standard of criminal procedural proof’. The rules of evidence in the Anglo-Saxon and continental legal systems in the context of this issue are analyzed, as well as domestic criminal procedural legislation on the peculiarities of assessment of evidence in various criminal proceedings and at various stages. Conclusions are made on the existence of objective evidence of standards in the Anglo-Saxon family of law (‘beyond reasonable doubt’ and ‘probability balance’) and the subjective standard of proof in the countries of the continental system of law (‘on the basis of internal conviction’). The opinion on the lawfulness and expediency of the allocation of certain objective standards of proof and in domestic criminal proceedings is expressed.

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Vapniarchuk, V. V.
    Protection of ownership right in the court: The essence and particularities [Текст] / V. V. Vapniarchuk, I. І. Puchkovska, O. V. Tavolzhanskyi, R. I. Tashian // Asia Life Sciences. - 2019. - Iss. 2. - p. 863-879
   Перевод заглавия: Защита права собственности в суде: сущность и особенностиББК Х623.15

Аннотация: Today, ownership right is not only one of the main categories of legal and economic science but also the basis for the existence of the state and the private sector. The right to inviolability of private property is an inalienable right, the recognition of which indicates the level of democracy and the development of human and civil rights in the territory of a certain state. The particularities of this right and its essence taken together are recognized in the realities of today as a broad, multi-faceted and complex problem that requires its actualized development from both theoretical and practical law enforcement positions. In the context of European integration, qualitative restoration of the domestic legal system, as well as at the stage of initial reformation of Ukraine, for representatives of the doctrine and practitioners, the following issue appears to be more relevant: proper ensuring and improvement of the mechanism of ownership right protection. Besides, law enforcement practice, the variability of which is still not generalized, is considered to be an important factor in the modern updated perception of the essence of the ownership right protection. However, the introduction of so-called “model decisions” of the Supreme Court, use of the case law practice of the European Court of Human Rights by national courts and the particularities of modern legal relations in the field of ownership correct the legislative basis and the mechanism of enforcement of this right, given globalization processes and the challenges of our time. According to the results of the analysis of doctrinal approaches, legal regulation and law enforcement practice in the field under research in the publication: (1) modern essential content of the concepts “ownership right” and “ownership right protection” was revealed; (2) the tendencies of ownership right protection were analyzed; (3) particularities, admissibility and expediency of the civil claim in criminal proceeding were defined; (4) debating scientific positions on the justified restriction on the ownership right were investigated; (5) it is proposed to define the ways of protection of ownership right by the court as the statutory measures by which the court implements the protection of the violated, contested, subjective and unrecognized ownership right, freedom or interest by implementing the function of civil law in the sphere of protection, and (6) it is substantiated that with the appeal of the owner for the protection of his right, the main functions of civil law became more active (restoration, compensation, prevention) which are the key to the effective implementation of protection.

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Vapniarchuk, V. V.
    The burden of criminal procedural proof [Text] / V. V. Vapniarchuk, O. V, Kaplina, I. A. Titko, V. I. Maryniv, O. V. Lazukova // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Iss. 1. - p. 386-394
   Перевод заглавия: Бремя уголовно-процессуальных доказательствББК Х629.34

Аннотация: The urgency of the article stated in the article is due to the need to revise traditional scientific views on certain peculiarities of criminal procedural evidence in connection with the expansion of the adversarial nature of domestic criminal proceedings. The purpose of the paper is to determine the essence of the category ‘burden of proof’ and justify the necessity of introducing it into scientific and law enforcement circulation. The main approach to the study of this problem was to carry out a critical analysis of the norms of the current criminal procedural legislation that regulates the requirements regarding the burden of proof and the views expressed on their proper understanding and application. The publication expresses the view that the distinction between such legal categories as ‘burden of proof’ and ‘burden of proof’ is proposed, the definition of the concept of ‘burden of proof’ is proposed and the rules for burden sharing between parties of criminal proceedings are analyzed. The material of the article represents both theoretical and practical value. They can be used for further research into the essence of the concept of ‘burden of proof’, as well as for proper understanding and enforcement of criminal procedural law enforcement activities.

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Vapniarchuk, V. V.
    Conceptual approaches to understanding the essence of proof in the science of criminal process in Ukraine [Text] / V. V. Vapniarchuk, O. V, Kaplina, M. Y. Shumylo, A. R.Tumanyanc // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Iss. 7. - p. 2146-2155
   Перевод заглавия: Концептуальные подходы к пониманию сущности доказывания в науке об уголовном процессе в УкраинеББК Х629.34
РУБ DOI: https://doi.org/10.14505/jarle.v10.7(45).28

Аннотация: The relevance of the issue stated in the paper is conditioned upon the existence of different scientific views in the science of the criminal process, both as to the essence of proof at large, and in relation to its individual institutions, categories and concepts, which were determined both by a philosophical and methodological basis inherent in certain periods of history, and by features of statutory regulation. The purpose of the paper is to distinguish scientific approaches (interpretations, concepts) to criminal procedural proof and substantiation of the expediency of isolation and use of the author's (complex and systemic) approach. The main approach to the study of this problem was to systematize approaches to criminal procedural proof on the basis of its substantive and functional understanding and to express critical (in both positive and negative terms) opinions on each of them. The paper proposes the identification of four different approaches to understanding the essence of criminal procedural proof: cognitive (wherein two types of interpretation are distinguished: logical (rational) and rational-empirical); active; integrated; complex and systemic. The materials of the paper represent both theoretical and practical value. They can be used for further scientific investigation of the nature of proof in criminal proceedings, as well as for the proper understanding and implementation of law enforcement criminal proceedings.

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Gmyrko, V.
    Judicial nature of evidence in criminal proceeding [Text] / V. Gmyrko, M. Y. Shumylo, V. V. Vapniarchuk, O. V. Kaplina, V. P. Shybiko // Journal of Advanced Research in Law and Economics. - 2019. - Vol. 10, Iss. 7. - p. 1976-1983
   Перевод заглавия: Судебный характер доказательств в уголовном процессеББК Х629.34
РУБ DOI: 10.14505/jarle.v10.7(45).04

Аннотация: The urgency of the problem stated in the article is conditioned by the necessity to determine the legal nature of the evidence in criminal proceedings and the evolution of the views of domestic scientists on this legal phenomenon. The purpose of the article is to consider the legal nature of the evidence in criminal proceedings and to determine their legal structure. The main approach to the study of this problem was to conduct a methodological analysis of the phenomena of ‘concept’ and ‘definition’, on the basis of which it was argued that judicial evidence has no essence, and only the function of being a symbolic representative of a certain factum probans (from Latin – something that should be proved). The publication concludes that the evidence in criminal proceedings is the result of human thinking operations and can be represented by the methodological construction ‘composition of criminal-judicial evidence’, which includes regulatory-procedural, knowledge, fact-finding and judicial-interpretation segments. In addition, the opinion expressed the inappropriateness of fixing evidence in the criminal procedural law and proposed a pragmatic approach to this issue, which is in line with current European jurisprudence. The materials of the article represent both theoretical and practical value. They can be used for further scientific investigation of evidence in criminal proceedings, as well as for a proper understanding and enforcement of law enforcement criminal proceedings.

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Vapniarchuk, V. V.
    The essence of the philosophical category "truth": Criminal procedural aspect [Text] / V. V. Vapniarchuk, V. A. Zhuravel, V. M. Trofymenko, Karpenko M.O. // Astra Salvensis. - 2020. - Supplement 1. - P. 273-290
   Перевод заглавия: Сущность философской категории "правда": уголовно-процессуальный аспектББК Х629.3

Аннотация: The urgency of the problem stated in the article is conditioned by ambiguous approaches to understanding the essence of the category "truth" both in philosophy and law in general, and in criminal procedural activity in particular. The aim of the article is to identify and analyse philosophical ideas about truth and to study their influence on scientific views on this issue in criminal procedural law, as well as to substantiate the author's approach to understanding the essence of truth and its significance in domestic criminal procedural evidence. The main approach to the study of this problem was to systematise conceptual approaches to understanding truth (theories of truth) in both philosophy and the science of criminal process, expressed critical (both positively and negatively) opinions on each of them. The paper analyses the five philosophical concepts of truth (classical, coherent, pragmatic, semantic, and referential) and theories of truth that are most advanced in the modern science of criminal process (objective, procedural, coherent, and conventional). Based on the analysis of the latter, the authors' understanding of the essence of truth as the purpose of proving in criminal proceedings is offered, in particular, it is concluded that the position of all theories of truth in criminal process are constituent components of this concept. The materials of the article represent both theoretical and practical value. They can be used for further scientific investigation of the essence of the category of "truth" in law in general and criminal procedural in particular, as well as for the proper understanding and implementation of law enforcement criminal proceedings.

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