Scientific article

UDK 343

pdf-version

Diana O. Nasonova
magistracy, Petrozavodsk State University
(Petrozavodsk, Russian Federation),
disha1998@yandex.ru
Alexey Y. Motylev
magistracy, Petrozavodsk State University
(Petrozavodsk, Russian Federation),
aum321@mail.ru

Theory of cognition and inadmissible evidence in criminal proceedings

Scientific adviser:
Natalia S. Ermishina
Reviewer:
Anastasia Alekseevna Shljamina
Paper submitted on: 06/03/2022;
Accepted on: 06/06/2022;
Published online on: 06/22/2022.
Abstract. The purpose of the study is to analyze the concept of the inadmissibility of evidence from the point of view of the theory of cognition. The article is devoted to the relationship between the theory of cognition and the process of recognizing evidence as inadmissible. The requirements for the evaluation of evidence from the point of view of admissibility are presented. The study used general scientific methods: analysis, description, private scientific method: analysis of normative legal acts. Conclusions were drawn that compliance with the requirements of the Criminal Procedure Code of the Russian Federation for the collection of evidence is one of the main guarantors of the observance of the rights of citizens of the Russian Federation to life, health and other rights.
Keywords: Criminal process, cognition, proof, evidence, admissibility

For citation: Nasonova, D. O., Motylev, A. Y. Theory of cognition and inadmissible evidence in criminal proceedings. StudArctic forum. 2022, 7 (2): 89–93.

References

Criminal Procedure Code of the Russian Federation : 18 Dec. 2001, No. 174-FZ : adopted by the State Duma on November 22, 2001 : approved. Feder's advice. 5 dec. 2001 // Collection of legislation of the Russian Federation. 2001. No. 52 (part 1). Article 4921.

Kablukov I. V. Standards of proof of the grounds of procedural decisions as a criterion of sufficiency of evidence //Law and practice. 2020. No. 1. P. 106.

Popova I. A. The purpose of criminal procedural cognition: objective or legal truth //Gaps in Russian legislation. 2021. T. 14. No. 1. P. 150

Smirnov A.V. Standards of proof: relationship with presumption and burden of proof distribution //Criminal process. 2021. No. 12 (204). P.86.

Smirnov A.V. Criminal process : textbook. 8th ed., reprint. Moscow: Norma : INFRA-M, 2020. 784 p.

Terekhin V. V. Admissibility of criminal procedural evidence: essence, content, origin // Legal Science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2012. No. 20. P. 117-121.

Displays: 1103; Downloads: 77;