Tactics and technology of the analysis of evidence obtained during operational and investigative activity by the defense
This article describes the basic principles of operational and investigative activities (OIAs), with a focus on the formation of evidence on the basis of information obtained during the OIAs. The author analyses judicial actions taken during court proceedings, which are aimed at the verification of the evidence formed on the basis of the information obtained in the course ...
Evaluating evidence in the adversarial system
... article considers the purpose of the trial — establishing the truth through considering and resolving a criminal case. The authors present different perspectives on the position of the court during the examination and analyse the process of presenting evidence that determine the content and function of the criminal case consideration and its resolution.
1. Даровских С. М. Принцип состязательности и равноправия сторон в уголовном процессе ...
Problems of using the results of an operational experiment and test purchase in proving a criminal case
... proposed. It includes criminal procedural norms, norms of criminal investigative law, as well as judicial precedents. Compliance with this standard should guarantee the admissibility of using the results of these operational measures in criminal procedural evidence. Simultaneously, the rights of individuals implicated in the commission of a crime must be ensured. The material-legal and procedural components of the standard for the lawful conduct of operational experiments and test purchases are analyzed....
Formalisation of cognition in a special proceeding trial
Criminal procedural cognition in special judicial proceedings is largely based on the provisions of the concept of formal (legal) evidence. The formalisation of evidence presupposes the availability of the necessary proofs and mandatory sources of evidence that create proper conditions for the implementation of the procedural norm of Chapter 40 of the Code of Criminal Procedure....
On the role of the results of operational search activities in contemporary criminal proceedings
... materials obtained in the course of conducting operational-search activities (hereinafter referred to as ORM), as well as existing law enforcement realities, correlate with the views established in science regarding the use in criminal procedural evidence obtained during the conduct of operational-search activities (hereinafter referred to as ORM). The article reveals the inconsistencies between the theoretical provisions and the requirements put forward by objective reality to expand the practice ...
The notarial institution and protection of the Internet users’ rights: Relevant issues
This article considers relevant issues of protecting the Internet users’ rights in terms of notarial perpetuation of evidence and the prospects of its development. The author formulates proposals regarding legislation improvement
1. Гражданский процессуальный кодекс Российской Федерации от 14.11.2002 г. № 138-ФЗ ...
Wege und Irrwege der Europäischen Rationalität. Das Problem der Evidenz
... final truth. The philosophical world of the twentieth century “shivers” because of the fluctuation its own foundation, which was recently the symbol of its firmness and absoluteness. The article offers an analysis of a foundation of this kind, viz. evidence. The tradition of this concept leads us to Descartes and back to the three main versions of transcendentalism: Kant’s, Husserl’s and Heidegger’s. The author finally comes to the conclusion that the appearance of overcoming the metaphysical ...
