Lex Portus (Jun 2019)
Witnesses and proof of violation in cases of customs rules: to the question of improving legal provision
Abstract
The article deals with issues related to the legal provision of proof in cases of violation of customs rules. The author notes that witnesses and proof are important in all types of legal process. It is noted that at present, there is no single definition of proof in the scientific literature. The plurality of developments in this field is noted and the most precise definitions are given. The author emphasizes the fact that the result of the case depends on the proper quarter and the correctness of the processing of witness; it depends on whether the person will be made answerable to legal liability; whether public interest will be protected. Therefore, the theory of witness is one of the most important in law science, including customs law. Two types of witnesses in cases of violation of customs rules are investigated: the protocol on violation of customs rules as an integrated source of witnesses and explanations of persons (a person who is prosecuted and witnesses of the violation of customs rules or persons, who know circumstances that are the subject to the establishment of in the case of violation of customs rules). The rules of drawing up protocols on violation of customs rules are considered. In particular, the persons who have the right to compile such protocols, their details and data, which it has to contain, shall determine the number of copies of a protocol. It is summarized that consideration of such types of witnesses in cases of violation of customs rules as a protocol on violation of customs rules and an explanation of a person prosecuted and witnesses in the violation of customs rules or persons who know circumstances that are the subject to the establishment in the case of violation of customs rules, has shown an adequate level of their legal support and regulation in the current legislation of Ukraine.
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