Rules of admissibility of evidence of positive nature in the criminal procedure

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Introduction: The author sets the task to remind the academic community that the provisions of the criminal procedure law on the mandatory appointment of forensic expertise, as well as the requirement to use other means of proof to establish the circumstances of the subject of proof are nothing more than the rules of admissibility of evidence. An attempt is made to explain the reasons for obliteration of these rules. Materials and methods: materials of a research were the standards of the Russian legislation governing the criminal procedure relations, publications of scientists and also positions of the Supreme Court of the Russian Federation. When writing the article, normative and logical, formal legal and other scientific methods were also used. Results: The author substantiated the need to reconsider modern doctrinal views on the content of the admissibility of evidence in criminal proceedings. Summary and conclusions: along with the rules of admissibility, which have a negative character, the content of the admissibility of evidence should also include the rules of admissibility fixed in the law, which have a positive character.

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Admissibility of evidence, proving, proof, forensic expertise, expert opinion

Короткий адрес: https://sciup.org/143168240

IDR: 143168240   |   DOI: 10.24411/2312-3184-2019-00011

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