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Description
The dismissal of the criminal case differs greatly from such a procedural act as the suspension of the case. The major difference is that the dismissal means the termination of the case, conclusion of investigation, while the suspension is just a temporary break caused by some certain circumstances, when they are eliminated the case procedure will be renewed and carried out in a regular way
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CREDIBILITY OF TESTIMONY ESTIMATE
DescriptionThe estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT
DescriptionIn accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
DescriptionThe author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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APPLICATION OF PROOFS IN REMEDIAL DECISIONS AT THE STAGE OF INITIATION OF CRIMINAL CASE
DescriptionA conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
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Description
Mechanism of evidence collection by suspect, accused, victim, civil suer and defendant, legislator is not reflected in full extent in criminal- procedure legislation of Russia. The CPC does not reflect the order of presentation of collected evidences. So, problems of evidence assessment are occurred from the point of view of correct ways and order of their receiving on the stage of criminal case sue. This article is devoted to these aspects.
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RECONCILIATION WITH THE VICTIM AS A BASIS FOR EXEMPTION FROM CRIMINAL RESPONSIBILITY
DescriptionThe article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
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ESSENCE, MEANING AND SUBJECTS OF REPRESENTATION OF EVIDENCES ON CRIMINAL CASES
DescriptionThe author makes the substantiated conclusion on representation of evidences as one of the ways of evidences, which are in voluntary actions of subjects, possessing with significant information for criminal case. The author notes that in addition with state prosecutor, defender and other concerned participants of criminal legal procedure, any citizens, officials, enterprises, institutions and organizations can submit any written documents and subjects for their union to the case as evidences.
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ASSESSMENT OF EVIDENCE SUFFICIENCY ASSESSMENT BY COURT WITH CASE AT BAR
DescriptionThere were presented the results of research carried out by the author in the article, that is assessment of trustworthiness of evidence with case at bar. The author drew a conclusion about necessity of criminal- commitment procedure legislature improvement, in particular, pronouncement of sentence in the case of rejection of public prosecutor from maintenance of accusation in court on the basis of scientific and special literature, in particular, works of O.L.Vasilieva,Yu.K.Orlova, A.E. Merkusheva, P.A. Lupinskaya, V.Zazhitsky, I.B. Mikhailovsky, I.L. Petrukhina et al and with an account of published and unpublished jurisdiction.