Open AccessOn the Theory of Evidence in the Russian Criminal Trial
Author(s) -
Aleksey L. Aristarkhov,
Aleksey L. Aristarkhov
Publication year - 2018
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18356
Subject(s) - clarity , certainty , burden of proof , process (computing) , epistemology , position (finance) , law , political science , computer science , philosophy , business , biochemistry , chemistry , finance , operating system
The article is devoted to issues related to the emergence and development of proof, including in codified form in the criminal process of Russia. The author of the article draws attention to the fact that simplified proof is the ancestor of subsequent advanced from the position of procedure, methods of proof. At the same time, when it seemed to present certainty, and reiterates the lack of clarity about exactly what traits characterize (unite) simplified the proof. This article does not question the necessity of data availability of criminal procedure institutions. However, attention is drawn to the fact that in the conditions of their existence, the previously developed rules of evidence several questioned, creating a need for careful scientific analysis of such a situation.