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PROBLEMATIC ISSUES OF PROOF IN CRIMINAL CASES OF PRIVATE PROSECUTION

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PDF: Author(s): Ushakov O. M.,
Number of journal: 1(50) Date: February 2020
Annotation:

The article based on the analysis of more than 400 court decisions presents the study of proof in criminal cases of private charge. The positions of courts of different levels are examined, which demonstrated imperfection of regulation of this procedure in the code of criminal procedure, which leads to the denial enshrined in the Constitution of the Russian Federation of the rights and freedoms of participants in criminal proceedings, and also complicates the activities of magistrates and judges of the validation court. The relevance of research of the process of proof in criminal cases of this category is demonstrated, since the latter can be used as a means of resolving economic disputes, in connection with which the question is raised about the need to strengthen the operation of the adversarial principle by expanding the powers of the parties to collect and present evidence to the court as a means of ensuring the stability of economic turnover and preventing illegal competition by using measures of criminal procedural influence in the cases of private prosecution. Features of realization of competitiveness of the parties at consideration of criminal cases of private charge are revealed and analyzed. The analysis of the existing practice of collecting evidence by the parties and the court is provided. The process of evaluation of the evidences obtained by the court and their interpretation in making the final decision is analyzed. The specificity of the evaluation of the evidence base by the world court on the basis of internal conviction is considered. The assessment of activity of the court of appeal on checking the sentences of the world courts and their approach to assessment of the proofs is given. Examples of the court decisions are given and their internal logic is analyzed, insufficient adherence to the provisions on the presumption of innocence and proof of guilt is indicated. The conclusion is formulated about the need to strengthen adversarial principles in the administration of justice by amending part 3 of article 86 of the criminal procedure code.

Keywords:

proof, evidence, magistrate’s court, appeal, private prosecution cases, adversarial, lawyer, protection of entrepreneurs, witness, accused, defendant, forensic examination.

For citation:

Ushakov O. M. Problematic issues of proof in criminal cases of private prosecution. Business. Education. Law, 2020, no. 1, pp. 318–322. DOI: 10.25683/VOLBI.2020.50.113.