Topical problems of proving in criminal proceedings of the Russian Federation

The effectiveness of the proof process, which is carried out by authorized officials and bodies at various stages, is of great importance for criminal proceedings. It is this activity that serves as the basis for making the final decision at the pre-trial stage. The study of evidence, determination of their admissibility, reliability and sufficiency has a decisive influence on the outcome of a criminal case. However, in spite of the fact that the Russian criminal procedural legislation regulates the process of proving in sufficient detail, in practice a number of problems currently arise. The purpose of writing a research paper is to identify the existing problems of proof in Russian criminal proceedings and to determine ways to solve them. The author comes to the conclusion that it seems promising to improve certain normative provisions of the Russian criminal procedure legislation, taking into account the existing gaps in the theoretical and legal consolidation of certain categories. Attention is focused on the need to consolidate the more extensive powers of the defense attorney in proving in a criminal case, including in the part of the application for recognizing the evidence as inadmissible. The need to expand the practice of using the conclusions and testimonies of specialists in the process of proving is noted. As a promising direction for the elimination of the «presumption of guilt», widespread by officials and authorized bodies, the improvement of regulation and law enforcement practice of proof in Russian criminal proceedings is highlighted.

institution of proof, Russian criminal proceedings, essence of evidence, subjects of proof, subject and limits of proof