Genesis of free evaluation of evidence in Russian criminal process
Journal Title: Юридические науки и образование - Year 2018, Vol 56, Issue 56
Abstract
Theory of free evaluation of evidence, proceed from logical nature of proving in total and proving in court proceeding in particular, replaced the system of formal evidence by the system of all circumstance of a case in their connection and collection. Abolition of the theory of formal evidence and its replacement by the principle of free evaluation was a significant step in improvement of historical forms and methods of administering the justice. Currently Russian theory of evidence considers the evaluation of evidence on inner conviction in dialectical unity of objective and subjective evidence, which have no force established in advance.
Authors and Affiliations
Svetlana Zaitseva
The Hegel’s Philosophy and Criminality as phenomenon of essence
The modern Criminology summates crimes, committed within a territory over a certain period of time as a result of which it gets a new phenomenon. The study of such a phenomenon, within a territory and over a certain peri...
The fairness of punishment: myth or reality
It is necessity to obey the laws of the state is the foundation and key principle of fairness in society. But it is equally important that the scales of justice are fair and correct, and that the one of who holds them in...
Problems of the evidence exclusion from criminal proceedings
In spite of the progressive in general content, the Criminal Procedure legislation of the Azerbaijan Republic contains some gaps and contradictions in terms of the evidence admissibility. It is considered the problems; i...
Stages of criminal pre-trial proceedings
It is studied the stages of pre-trial production, and the tasks and participants of these stages. The problems of preliminary checking of materials, a notion of overt crime, and procedures of consideration of information...
The criminal procedure aspect of differentiating criminal responsibility of the expert and specialist for perjury and conclusions
The establishment of criminal responsibility of the expert and specialist for perjury and knowingly false conclusions is a guarantee of the credibility of the data obtained from them. The differentiation of this responsi...