Problems of evidence representation in the preparatory proceedings in the court of first instance

The article is devoted to the analysis of the problematic questions related to the representation of evidence in the preparatory proceedings in the court of first instance. According to the new Criminal Procedure Code of Ukraine proceedings in the court of first instance consists of two consecutive parts: the preparatory proceedings and the trial proceedings. The author approves the condition under which representation of pre-trial investigation materials to the court is prohibited. This novelty ensures the realization of immediacy of evidence research principle and deprives the influence of evidence collected by the prosecution party during the pre-trial investigation to the court. Judicial practice considers a violation of this provision as a restriction to equality of the parties and adversarial of trial proceedings. The nature and purpose of the preparatory proceedings stage are analyzes. The author notes that adoption of majority decisions in the preparatory proceedings stage (the decision to close the proceedings, the decision to approve or refuse of approving the agreement, the decision to choose, change or cancel of measures to ensure the criminal proceedings, etc.) needs to various extents a research of pre-trial investigation materials and evidence collected by the defense party. Each of judicial decisions taken in preparatory proceedings shall meet the requirements of legality, justification and motivation. The need for legal regulation of the possibility of evidence representation in the preparatory proceedings in the court of first instance is substantiated by the author. Changes to the Criminal Procedure Code of Ukraine are proposed as a result of research