On the Theoretical Bases Formation of “Criminalistic Logic” as an Independent Study in the System of General Criminology Theory

Today, the question of the cognition logical means used in the criminal process is being ambiguously resolved and is assessed mainly within the framework of the general provisions of forensic tactics, which propose a range of tactics recommended by criminology based on logic. Meanwhile, the range of logical methods and tools that could be successfully used in investigative, judicial, expert and operational activities is significantly broader than that covered in modern educational and scientific literature. This limitation of the cognitive possibilities of modern forensics inevitably leads to problems in practical activities without scientific support, in this particular case, the logical one. In the absence of a logical basis, the activities of the inquiry, investigation, prosecutor's office and court, which require constant reflection on the information collected in a criminal case, become questionable from the point of view of the conclusions reliability because they contradict the laws of logic. This means that there are doubts about their evidentiary value. As a result, participants in criminal process have to solve the problem of “right thinking” on an intuitive level, which does not always lead to positive results of cognitive activity of the investigation and the court. In this article, the author forms the theoretical bases of “criminalistic logic” as an independent study in the system of the general theory of criminology.