Email this article The Institute of the Admissibility of Evidence in Domestic Criminal Proceedings in the Period from 1864 to 2001: Historical and Legal View
- Authors: Remizova M.S.1
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Affiliations:
- Saratov State Law Academy (SSLA)
- Issue: Vol 18, No 2 (2022)
- Pages: 159-166
- Section: Articles
- URL: https://journals.rcsi.science/2541-8025/article/view/147069
- ID: 147069
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Abstract
The purpose of the research. The issues of the admissibility of evidence in criminal proceedings must be considered in evolution. The article reflects the problems arising in the theory of evidence in criminal proceedings in Russia, starting from 1864 until the introduction of the Criminal Procedure Code of the Russian Federation in 2001. The process of transformation of the institution of admissibility of evidence in different historical periods under the influence of political systems is analyzed, features in the approaches of the legislator in the theory of evidence of different eras are revealed. Conducting such a study is necessary to develop the basic concepts in the institute of the admissibility of evidence and to improve the current legislation in order to eliminate existing contradictions and different interpretations of the law in law enforcement practice. Results: As a result of the conducted research, the author made a number of conclusions, including the conclusion that in the evolution of the institute of admissibility of evidence at this historical stage, there is a regression in the form of a return to the norms of the Criminal Code of 1864, which first introduced and developed the norms on the admissibility of evidence. According to the norms of the Criminal Code of 1864, the court was obliged to make reasoned rulings on the recognition of evidence as inadmissible, in the present historical period, the Criminal Procedure Code of the Russian Federation does not contain such a requirement. In all the studied historical periods, the materiality (non-materiality) of violations of the law was put at the discretion of a particular law enforcement officer.
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##article.viewOnOriginalSite##About the authors
Marita S. Remizova
Saratov State Law Academy (SSLA)
Email: mremizova.1998@mail.ru
post-graduate student of the Department of Criminal Procedure Saratov, Russian Federation
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