CERTAIN PROBLEMATIC ISSUES OF DEFINING THE CONTENT OF SPECIAL KNOWLEDGE IN CRIMINAL LEGAL PROCEEDINGS

Abstract

The article deals with the issue of defining the meaning of terms used in the Criminal Procedure Code of Ukraine, namely the notion of «special knowledge». It analyzes the definitions of this notion that were made in different periods of time by both national and foreign researchers based on the criteria of the significant features that are distinguished by these researchers in their definitions of the given term. By consequently highlighting faults in these definitions the article distinguishes those features that are the most accurate to reflect the essence of special knowledge in the criminal legal proceedings. Based on the obtained findings the article offers its own definition of this notion: special knowledge in criminal proceedings includes knowledge, skills and competences in any sphere of human activity that the investigator or the judge may not have at all or have to an insufficient extent, the use of this knowledge is at the discretion of the latter or directly regulated in the criminal procedure law, in order to establish the circumstances to be proved or to establish other circumstances relevant to the criminal proceedings.