Author

Lapatnikov M.V.

Title of article

Defects of criminal procedure proving system: frоm investigatory evidence to judicial facts certification

Section

Criminal рrocedural review

Issue, year

1 (31) 2015

Abstract

The characteristic of modern tendencies in Russian law of evidence is provided due to adoption of the Federal law N 23 “On inserting amendments in the Articles 62 and 303 of the RF Criminal Code and the RF Criminal Procedure Code”. These amendments are estimated in the context of forming new paradigm of proving. It is considered that the effective legal regulation of judicial proving sets artificial limitations which obstruct achieving of criminal proceedings goals. Most defects of the modern criminal procedure system are associated with imperfect configuration of evidence institution. The inserted amendments equalize the preliminary investigation materials and procedural evidence in their legal status. The policy of non-differentiating of two proving models (before and after the institution of criminal proceedings) is considered as an important tendency of developing modern criminal procedure law. Such legislative actions are stated to be imperfect, they cannot make radical changes. It is suggested to allow using any data, legally obtained by both sides in a cause, during proving process. The author also proposes to introduce a new concept of judicial evidence into the criminal procedure of our country and to refuse the current investigatory model of proving in the future.

Keywords

evidence, competitiveness, justice.

References

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