Characteristics of special objects of demand by the prosecution party

The article highlights problematic issues related to the use of such a method of gathering evidence in criminal proceedings as requisitioning things and documents. For the first time among scientists, the issues regarding the possibility of the prosecution to carry out in accordance with Art. 93 of the CPC, requisitioning of a separate category of things and documents that contain a secret protected by law and the owners (administrators) of which are: subjects of power – state authorities, other state authorities, local self-government bodies, authorities of the Autonomous Republic of Crimea, other subjects, which performauthoritative management functions in accordance with legislation and whose decisions are binding; legal entities financed from state, local budgets, the budget of the Autonomous Republic of Crimea; persons who perform the delegated powers of subjects of authority according to the law or contract, including the provision of educational, health, social or other public services. In addition, the category of things and documents containing a secret protected by law, which can be the object of demand from the specified subjects in accordance with Art. 93 of the CCP of Ukraine. Within the framework of the study, a detailed analysis of the specified information was carried out, as well as proposals were formulated for improving the legislation regulating the legal regime and conditions for disclosure of information that constitutes a secret protected by law. Considered questions regarding the admissibility of disclosure of information that constitutes a secret protected by law, which can be disclosed at the written request of the prosecution in accordance with Art. 93 of the CCP. Formulated proposals for improvement of certain provisions of Art. 93 of the Criminal Procedure Code of Ukraine in order to eliminate problematic issues in criminal proceedings that arise during the implementation of the powers of the prosecuting party to demand things and documents. In particular, a form for presenting a demand for requisitioning things and documents of the specified category, as well as conditions for its execution by the relevant subjects – owners of things and documents, are proposed.