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APPLICATION OF PROOFS IN REMEDIAL DECISIONS AT THE STAGE OF INITIATION OF CRIMINAL CASE
Description
A 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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CREDIBILITY OF TESTIMONY ESTIMATE
Description
The 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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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
Description
The 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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