ABOUT GATHERING, FORMATION, EXPLORATION AND USE OF EVIDENCE IN CRIMINAL PROCEEDINGS (CONTINUING THE WORK OF PROF. S.A. SCHAFER)

Abstract

The author of this present article tries to examine the structure (stages) of the working with forensic evidence in the criminal procedure. Author of this article tries to continue the work of famous Russian scientist, dr. sci. (law), professor S.A. Sheifer – one of the most famous scientists in the field of theory and methodology procedure evidence law of evidence. The author takes as a basis for methodological approaches to concept and essence of working with forensic evidence in the criminal procedure, which includes informative, objective assurance and argumentation (logical) aspects. The author considers it necessary to complement the classic structure of the working with forensic evidence (picking–inspection-evaluation) the new elements: formation, exploration and use of evidence. This idea will allow us to reconcile the theory of criminal process and criminalistics. This will have a positive impact on further improvement of legislation, investigative and judicial practice.