The history of establishment of evidence and evidence in domestic criminal proceedings from the beginning of the reign of Peter I to the present day

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The article examines the development of domestic criminal justice during the formation of absolutism in the Russian Empire in the XVIII century to the modern democratic Criminal Procedure Code of the Russian Federation of the XXI century. The author points out that during the period of the supremacy of the nobility, as the ruling class, evidence was divided into perfect and imperfect, depending on the class status of a participant in criminal proceedings. The “stagnant” periods in domestic legal proceedings have been revealed, when in the struggle for power, in a series of palace coups, there was no development of legislation in the field of criminal procedure. A logical result is given, to which the Russian state came in the first third of the XIX century, when even through the efforts of the great codifier and creator of the “Code of Laws of the Russian Empire” M. M. Speransky, it was not possible to bring the confusing and imbued with feudal legal relations legislation into line with the requirements of the established capitalist legal relations. The starting point is highlighted when the top leadership of the Empire realized the need for reforms and carried them out in 1864 under the leadership of Alexander II. The tectonic changes in the state structure associated with the transition of power to the Bolshevik government are touched upon, and the main novelties in the criminal procedure legislation of the RSFSR are listed. Modern evidence and the current proof process are presented.

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Evolution, evidence, proof, criminal procedure, periodization of evidence, sources of evidentiary law, code of laws of the russian empire, judicial statutes, code of criminal procedure of the rsfsr of 1923

Короткий адрес: https://sciup.org/14129597

IDR: 14129597   |   DOI: 10.47475/2311-696X-2024-40-1-84-92

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