Institute of Proof in the Criminal Proceedings of Russia: History and Modernity
Abstract
The institute of proofs is one of the most important institutions in criminal proceedings. Thanks to the proofs, the circumstances of the crimes commission are clarified, the persons who committed them are identified, sentences are imposed and justice is administered. The institute of proofs has an ancient history, calculated from the moment of the appearance of the trial as such. The aim of the article was to analyze the development of the institution of proofs in criminal proceedings in Russia. The article compares the proofs that existed in the ancient period of the Russian state with the proofs used in modern reality. The paper investigates the difference between these kinds of proofs, the reasons for their transformation throughout history and the main ways to improve the institution of proofs in the future. It was concluded that the establishment of proofs in Russia, as well as criminal proceedings in general, took place, on the one hand, during the reception of Roman law, and on the other hand, during the development of feudal social relations, which influenced the formation of kinds of proofs and methods for their preparation.
References
[2] Cheltsov-Bebutov, M.A. 1995. Criminal procedure law course. Essays on the history of the court and the criminal process in slave, feudal and bourgeois states. Al‘fa.
[3] Chistyakov, O.I. (ed.). 1984. Russian legislation of the 10th-20th centuries. Yuridicheskaya Literatura.
[4] How did writing appear in Russia. 2014. https://znanija.com/task/7996341.
[5] Kosarev, A.I. 1986. Roman law. Legal Literature.
[6] Legal proceedings in Moscow Russia. 2019. http://www.rusinst.ru/articletext.asp?rzd=1&id=3355.
[7] Meshcheryakov, Yu.V. 1985. Criminal proceedings in Russia in the first half of the 19th century. St. Petersburg State University.
[8] Omelchenko, O.A. 2002. Roman law. TON – Ostozhye.
[9] Popryadukhina, I.V. 2010. Civil-law responsibility under the code of laws of 1497. Vector of Science of TSU 4(14): 157-160. http://edu.tltsu.ru/sites/sites_content/site1238/html/media66529/40-Popryadukhina.pdf.
[10] Sergeevich, V.I. 2004. Lectures and studies on the ancient history of Russian law. Zertsalo.
[11] Smirnov, A.V., and Kalinovsky, K.B. 2020. Criminal process. Infra-M.
[12] The Code of Criminal Procedure of the Russian Federation, 2001. http://www.consultant.ru/document/cons_doc_LAW_34481/.
[13] The Council Code of 1649 as a code of feudal law. 1649. http://www.bibliotekar.ru/istoria-prava-rossii/22.htm.
[14] The main directions of the development of the principle of competition in legal practice. 2011. http://www.superinf.ru/view_helpstud.php?id=1532.
[15] The political system of Kievan Rus. 2019. https://brendoptom.ru/en/gosudarstvennyi-stroi-kievskoi-rusi-soslovnaya-struktura.html.
[16] The trial of Russian Truth. 2019. http://www.razlib.ru/shpargalki/shpargalka_po_istorii_gosudarstva_i_prava_rossii/p8.php.
[17] Volkolup, O.V. 1997. Preparation of criminal cases for trial in the Russian criminal process. Kuban State University.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.