Concept of physical evidence: logic of historical development

Автор: Bykadorova Elena Vladimirovna

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Исторический опыт

Статья в выпуске: 2 (39), 2019 года.

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Purpose: On the basis of historical facts to identify the vector of historical development of the concept of physical evidence. Methodology: Historical and legalistic methods, as well as method of analysis of documents and legal texts, were used in the work on the research topic. Results: On the example of the history of legislative development of the use of physical evidence in Russia, it is shown that the concept of physical evidence has developed in stages, the forms and principles of work with physical evidence have been gradually improving. The author denotes the logic of historical development of the concept of material evidence as an evolutionary development: from subjective and primitive methods of proving to more objective and reliable. Novelty/originality/value: The history of the legal concept of physical evidence is presented as a single process with its own laws of development. The author introduces the important source of the science of criminal process - «Criminal Legislation Draft», compiled in the reign of Elizabeth of Russia (1754), with later amendments. The periodization of the development of the concept of physical evidence is presented.

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Короткий адрес: https://sciup.org/140240639

IDR: 140240639

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