SOME ASPECTS OF THE INFLUENCE OF THE FORMAL THEORY OF EVIDENCE EVALUATION ON THE CRIMINAL PROCEEDINGS IN RUSSIA

The article discusses some aspects of the historical development of the theory of evidence evaluation in the criminal process of Russia. The transition of the legislator from the theory of formal evaluation of evidence to the primacy of the internal conviction of the court, and to a completely new paradigm of proof, is investigated. At the present stage, the legislator has clearly formulated his attitude to this idea. Article 17 of the Criminal Procedure Code of the Russian Federation, through the letter of the law, enshrines the freedom of internal conviction as a kind of measure for evaluating evidence. It also emphasizes that none of the evidence has a pre-established force. In fact, we can observe the existing formalism in criminal proceedings, strict observance of the procedural form, the developed institute of pre-established assessments, all of the above indicates the existence of the provisions of the formal theory of evidence in the criminal procedure legislation of our country. At the same time, the above provision is an indirect confirmation that the idea of a formal approach to the evaluation of evidence has not outlived itself. The above imperative regarding the denial of the existence of a formal theory of evidence, within the framework of the development of evidentiary law in our state, appeared relatively recently, asserting the lack of influence of the provisions of the theory of evidence in question on modern criminal proceedings. Despite the above position of the legislator, in the Criminal Procedure Code of the Russian Federation there is a whole system of preset assessments, which, together with the principle of internal conviction of the inquirer, investigator, court, forms modern criminal proceedings. Within the framework of the conducted research, various legislative sources, opinions of representatives of the scientific community concerning the rejection of the formal theory of evidence evaluation and the transition to a free theory of evidence evaluation are analyzed.

criminal proceedings, free theory of evaluation of evidence, formal theory of evaluation of evidence, internal conviction of the court, evaluation of evidence, pre-established evaluation in law, judicial awareness of judge, decree of the Soviet government, concepts of proof, the evidentiary paradigm, Criminal Procedure Statute of 1864

Kuznetsov M. S. Some aspects of the influence of the formal theory of evidence evaluation on the criminal proceedings in Russia. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;2(63):257—261. DOI: 10.25683/VOLBI.2023.63.589.