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Title of Article

«ALTERNATIVE» CONCEPT OF PROOF IN CRIMINAL PROCEEDINGS: SHOULD IT BE USED?


Issue
3
Date
2025

Article type
scientific article
UDC
343.14
Pages
107-113
Keywords
 


Authors
Rossinskiy S.B.
Institut gosudarstva i prava Rossiyskoy akademii nauk


Abstract
The article examines one of the existing doctrinal approaches to understanding criminal procedural proof. It consists in recognizing proof not so much as a type of cognition and recording, but as a form of substantiation of the parties' positions before the subject of law enforcement. The subordination of the essence of proof to objective laws and patterns of psycho-physiological interaction of people with the surrounding reality is taken into account. The traditional commitment of Russian mechanisms of pretrial and judicial proceedings in relation to continental (Romano-Germanic) canons of criminal justice is taken into account. A conclusion is formulated on the unacceptability of this approach for use in doctrine, lawmaking and law enforcement practice. It is argued that the purpose of proof cannot be seen only in persuading the court to make a procedural decision that meets the interests of the prosecution or the defense.

File (in Russian)