Open AccessSIGNIFICANCE OF THE ADVERSARIAL USE OF MATERIAL EVIDENCE IN CRIMINAL PROCEEDINGS
Author(s) -
Муратов Константин Дмитриевич
Publication year - 2021
Publication title -
vestnik udmurtskogo universiteta. èkonomika i pravo
Language(s) - English
Resource type - Journals
eISSN - 2413-2446
pISSN - 2412-9593
DOI - 10.35634/2412-9593-2021-31-4-674-680
Subject(s) - adversarial system , presentation (obstetrics) , context (archaeology) , originality , criminal procedure , political science , criminal investigation , simplicity , law , value (mathematics) , criminal case , criminology , psychology , epistemology , history , computer science , medicine , philosophy , archaeology , machine learning , creativity , radiology
The idea of adversariality in criminal proceedings, carried away by its simplicity and originality in the context of public legal relations, after a certain period of time had passed the Criminal Procedure Code of the Russian Federation, gradually began to be reasonably questioned. The study of procedural procedures, the recognition of objects and documents as material evidence, as well as the subjects of the collection and presentation of material evidence, allow a closer look at the legal relationship and powers of the parties in criminal proceedings in the field of their implementation both in pre-trial and in court proceedings. Investigative and judicial processes as historically established forms of criminal procedure should be adversarial. The author examines the importance of the adversarial nature of the parties in the formation of material evidence in criminal cases and their assessment by the parties when substantiating the conclusions in the case, shows their theoretical and legal significance, procedural and legal, preventive and prophylactic and informational and evidentiary value.