Погрешности производных доказательств и оценка их доказательственного значения

Abstract

The emergence of derivative evidence is d to the mechanism of reflection of the legal fact used in the proof process and in the elements mediated in rela-tion to it. Complex mechanism reflection of the orig-inal evidence in copies derived from it, raise the question of the need to develop a mechanism for scientific determination of the degree of loss of a copy of its exact evidentiary value. The study of this problem is aimed at achieving maximum objectivity in assessing the derivative evidence, taking into account the errors of its compliance with the origi-nal evidence. The possible loss of the original evi-dentiary value of the estimated legal fact by the de-rivative evidence is usually caused by objective and subjective circumstances, the study and minimiza-tion of which will make the establishment of the circumstances of the case, where derivative evi-dence is used, more objective. The paper presents the author’s proposals for organizing the process of proving in order to preserve the coincidence of the features of the initial and derivative evidence: fixing the process of forming derivative evidence in proce-dural documents; involvement of forensic special-ists in the assessment of the obtained copies of evidence; production of forensic examinations. It is summarized that the introduction of proposals into practice will allow avoiding the loss of the evidence base due to the discrepancy between derived evi-dence and the original source of information.