PROVING IN CRIMINAL PROCEEDINGS AS A INTERCURRICULAR THEORY

Abstract

The purpose of the article is to determine the connections and influence of individual theoretical teachings of the criminal law block on the formation of an interdisciplinary theory of evidence in criminal proceedings. To achieve the goal, an analysis of national criminal and criminal procedural legislation, investigative and judicial practice, scientific publications on the problems of evidence in criminal proceedings was conducted. Dialectical, historical, comparative law, logical-semantic and other methods of scientific research were used to establish a connection between the categories of criminal, criminal procedural law and criminology sciences: “composition of a criminal offense”, “subject of proof”, “traces of a criminal offense”, “evidence”. The conclusions are formulated that the theory of evidence in criminal proceedings should be considered not only from the point of view of branch doctrinal interpretation, but as a result of the integration of individual teachings of the criminal law block. This is a manifestation of the interdisciplinary connections of these sciences. Such connections are due to the commonality of the object and the proximity of the subjects of research of these sciences. The procedure of proving in criminal proceedings is carried out by identifying, fixing and analyzing material and ideal traces of a crime. This occurs when there is a certain (sometimes quite significant) period of time between its commission and detection and the beginning of the investigation, in conditions of active opposition. Taking this into account, cognition is carried out in the form of proving, which involves assessing the relevance, reliability and admissibility of the obtained factual data. For the first time, the key provisions of the theory of proving in criminal law are considered through the prism of integrating the categories of sciences of the criminal law block. On this basis, the provisions on the formation of evidence during the pre-trial investigation have been improved, the final assessment of which is carried out exclusively by the court with the participation of the parties to the criminal proceedings The ideas and proposals presented are aimed at improving the national criminal procedural legislation and the interpretation of the norms of the institute of proof. It seems that their perception will allow solving the tasks of criminal proceedings more effectively.