Regulations for evidentiary activity in simplified and accelerated forms of judicial proceedings

Regarding the simplified and accelerated form of criminal proceedings, the rules of evidence were discussed, including the question of when and in what order the judge can establish the guilt of the accused. The shortcomings of the norms of criminal procedural law that hinder their understanding and interpretation by law enforcement officials are highlighted. The common shift in the theoretical and practical study of the court’s examination of the evidence underlying the indictment from the trial stage to the preliminary hearing stage has been critically analyzed. The legal positions of the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation on the issues under consideration have been used. It is proposed in Article 316 of the Code of Criminal Procedure of the Russian Federation to indicate the judge’s obligation to indirectly examine the evidence on which the indictment is based. Other proposals have also been formulated to improve the law regarding the regulation of evidentiary activities in the form of judicial proceedings under consideration.