THE SYSTEM OF PROOF AS THE MAIN ELEMENT OF A UNIFIED FORM OF ACTION IN PRE-TRIAL PROCEDURE REALIZATION

Authors

  • Girko Sergey Ivanovich Chief Scientific Officer of Federal State Institution Research Institute of the Federal Penitentiary Service of Russia, 125130, Moscow, Russian Author
  • Kharchenko Sergey Vladimirovich Doctor of Law, Associate Professor, Department of Operative Investigation Activities, Institute of Law Enforcement Activities of the Russian Customs Academy. Author
  • Tsepinsky Stanislav Aleksandrovich Senior Inspector for Special Assignments of the Main Organization Directorate of the Federal National Guard Troops Service. Author
  • Latyshev Sergey Yuryevich Senior state anti-corruption officer of the department of economic security and Anti-Corruption Enforcement in Internal Affairs Directorate for the central administrative district of the Main Department of the Ministry for the Interior of the Russian Federation for the City of Moscow. Author
  • Kambarov Altynbek Manapbaevich Candidate of legal sciences, Associate Professor of the Department of Criminal Procedure and Investigation Activities of the Kaluga Institute (branch) of the All-Russian State University of Justice Author

DOI:

https://doi.org/10.61841/g4zwcj31

Keywords:

subject of proof, range of proof,, process of proof, means of proof in cases where the inquiry is in a short form

Abstract

Subject / topic. The system of proof within the pre-trial proceedings in the matter of unified procedural form

 

Objectives/goals. Analysis of problematic issues that have relation to the system of proof in pre-trial proceedings under the criminal procedure code of the Russian Federation. The author states that the differentiation of the form of action in pre-trial procedure predetermines that each of them has the individual system of proof, including the subject of proof, sources (procedural means) of data collection under the recognition as proof, which, as the example of an inquiry in a short form, requires appropriate changes in legislation.

Methodology. Analysis, synthesis, comparison, abstraction, target setting, hypothesis formulation, concretization, monitoring.

Conclusion. On the basis of legal analysis and the author's approach to the content of the legal form of action as an institution, there is a conclusion that the system of proof within the matters when the inquiry occurs in the short form, such system requires the conretization and individualization within the content of special Chapter of the criminal procedure code which regulates the above-mentioned legal Institution.

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References

1. Yakimovich (2013) - Yakimovich Yu. K. Bulletin of Udmurt University: Economics and law. 2013. Ed.2. P. 203-208

2. Golovko (2019) - Golovko L. V. Police reform in the modernization context of pre-trial proceedings in the Russian criminal process. Internetresource – https://www.iuaj.net/node/484 - request from 22.07.2019.

3. Course of proceedings in criminal matters : Textbook: In 3 vols./ Ed. of V. A. Mikhailov. - Vol. 1: General provisions proceedings in criminal matters. - Moscow: Publishing house of the Moscow psychological and social Institute; Voronezh: Publishing house research and manufacturing association "MODEK", 2006. P. 541.

4. Modern explanatory dictionary of the Russian language / Chief editor S. A. Kuznetsov. - M., reader's digest. 2004. P. 742.

5. Zhogin (1973) - Zhogin N. V.. Theory of evidence in Soviet criminal process". 2nd ed. M. 1973. P. 139.

6. Solovyov (2003) - Solovyov A. B.. Proof under the Criminal procedure code of the Russian Federation (pre-trial stages). Theoretical and practical handbook. M .: Publishing house "Yurlitinform", 2003.P.36.

7. Criminal process. Textbook.under.Ed.of.prof. I. L. Petrukhina. M.: Publishing House "Prospect", 2001.P.150.

8. Karneeva (1971) - Karneeva L. M. Prosecution. Rule of law and relevance. М.,1971. P. 104.

9. Savitsky, Larin (1999) - Savitsky V. M., Larin A.M. Criminal process. Dictionary-handbook. М.,1999.P.122.

10. Solovyov (2003) - Solovyov A. B.. Proof under the Criminal procedure code of the Russian Federation (pre-trial stages). Theoretical and practical handbook. M .: Publishing house "Yurlitinform", 2003.p.264.

11. Yakimovich, Pan (2003) - Yakimovich Yu.K., Pan T. D. pre-Trial procedure under the criminal procedure code of the Russian Federation (participants of pre-trial procedure, evidence and proof, initiation of criminal process, inquiry and preliminary investigation). - Saint Petersburg: publishing house "Legal center Press", 2003. - 297 p.

12. Instructions to police officers on detection and investigation of crimes of the Prosecutor of the Moscow Court Chamber. Collection and guide to the compilation of police reports with applications. Publishing of Legal Book store of I.I. Zubkov, under the firm "Zakonovedinye". St. Petersburg, Liteyny Ave., 53. 1911.

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Published

31.10.2020

Issue

Vol. 24 No. 8 (2020): 24 (8) 2020

Section

Articles

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How to Cite

Ivanovich, G. S., Vladimirovich, K. S., Aleksandrovich, T. S., Yuryevich, L. S., & Manapbaevich, K. A. (2020). THE SYSTEM OF PROOF AS THE MAIN ELEMENT OF A UNIFIED FORM OF ACTION IN PRE-TRIAL PROCEDURE REALIZATION. International Journal of Psychosocial Rehabilitation, 24(8), 14006-14012. https://doi.org/10.61841/g4zwcj31