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Title of Article

ON THE ISSUE OF THE USE OF DERIVATIVE EVIDENCE IN THE CRIMINAL PROCEDURE IN THE CONTEXT OF THE ORGANIZATIONAL AND LEGAL MECHANISM FOR PROVIDING THE STATUS OF EVIDENCE FOR A CRIMINAL CASE TO THE RESULTS OF INVESTIGATION AND SEARCH OPERATIONS (POLITICAL AND LEGAL ASPECT)


Issue
3
Date
2018

Article type
scientific article
UDC
343.14
Pages
149-156
Keywords
 


Authors
Serednev V.A.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The author argues that the results of investigation and search operations may be considered derivative evidence in the criminal case (testimony «from other people's words»). According to the author, the problem that the paradigm of the criminal process does not recognize the status of evidence for the results of investigation and search operations is not only legal, but also political: it is the result of pernicious influence of Western liberal thought on Russian evidence law. In support of his position, the author proposes to recognize the status of derivative evidence in the criminal procedure for the results of investigation and search operations.

File (in Russian)