Distribution of the burden and the obligation of proof in the review of sentences in accordance with article 10 of the Criminal Code of the Russian Federation

The Code of Criminal Procedure regulates the process of proof in relation to the investigation and resolution of criminal cases. The knowledge and establishment of the circumstances necessary to resolve the issues of criminal proceedings arising at the stage of execution of the sentence can also be called proof. However, at this stage, such an important principle for evidentiary activity as the principle of presumption of innocence and the principle of competition are no longer valid, and the principle of competition is also implemented with certain features. The article offers a vision of the process of proof at the stage of execution of the sentence when resolving the issue referred to in paragraph 13 of Article 397 of the Criminal Procedure Code of the Russian Federation - on release from punishment or mitigation of punishment as a result of the publication of a retroactive criminal law in accordance with Article 10 of the Criminal Code of the Russian Federation.