The charter of criminal trial of 1864 - radical transition from formal to objective (material) truth and actual problems of truth in the modern Criminal Procedure Code of the Russian Federation

The article is devoted to the Charter of Criminal Trial of 1864 which rejectedthe system of formal proofs and the formal legal truth. The basis of the Charter was thenpresented by the objective (material) truth. The charter proves that when the objective truth isrejected, the formalization of criminal procedure takes place, and the modern competitiveCriminal Procedure Code of the Russian Federation where the competitiveness is self-sufficientand excludes the objective truth, confirms this regularity. So, the confession of guilt by theaccused as a proof obtains in the Criminal Procedure Code of the Russian Federation thespecial priority, as it is the obligatory formal condition for the special (reduced) order of judicialproceedings. And the tendency to further formalization of the process in the Criminal ProcedureCode of the Russian Federation is still preserved. The Investigative Committee of the RussianFederation suggested to substitute the formal and legal truth with the objective truth.