employee
Russian Federation
The article is devoted to the concept of evidence in criminal proceedings. The author draws attention to the variety of terminology. Tries to find out the reason for the different meanings that are put into the terms “proof” and “evidence”. The question of the necessity of the concept of evidence in the text of the criminal procedure law is considered. To explain the nature of the concept of evidence, the work of processualists who formed this concept before the information model of evidence was strengthened is used. The author comes to the conclusion that despite the development of the theory of evidence and the historical continuity of its provisions, there is still a lot of uncertainty in the concept of evidence.
evidence, proof, information model of proof, means of proof, sources of evidence
1. Popov A. P., Popova I. A., Zinchenko I. A. Problems of modern criminal procedural law of evidence: Pyatigorsk: “Advertising and Information Agency on the CMV” Publ., 2019. (In Russ.)
2. Belkin A. R. Code of Criminal Procedure of the Russian Federation: Are Changes Necessary? Moscow: “INFRA-M” Publ., 2013. (In Russ.)
3. Polyakov M. P. The concept of “proof”: fourteen letters, from which there is a lot of torment. Forensic and criminal procedural means of ensuring the economic security of Russia: Collection of articles on the results of the All-Russian scientific and practical conference dedicated to the 75th anniversary of the Doctor of Law , Professor, Honored Lawyer of the Russian Federation A. F. Lubin, Nizhny Novgorod, November 16, 2021. Issue. 3. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation Publ., 2022. Pp. 59-65. (In Russ.)
4. Theory of evidence in the Soviet criminal process / ed. by N. V. Zhogin. 2nd ed., correct. and add. Moscow: Legal Literature Publ., 1973. (In Russ.)
5. Glazer Yu. Guide to the criminal process. Vol. 1. Book 2. St. Petersburg: “Printing house of the ruling Senate” Publ., 1886. (In Russ.)
6. Strogovich M. S. Logic. 2nd ed. Moscow: URSS Publ., 2004. (In Russ.)
7. Taranov P. S. Methods of 100 % victory: Manners of behavior; The logic of risk; Zigzags of communication. Simferopol: Renome Publ., 1997. (In Russ.)
