The importance of the criminal procedural form in the ordering of evidence activities

Abstract

The content of the concept of "criminal procedural form" was studied and its role as a means of regulating evidence activities was determined. Attention is focused on the fact that the criminal procedural form plays an important role in the mechanism of legal regulation of criminal procedural activity, as well as its integral component - proof.

 The assumption that evidence activity is an integral part of criminal procedural activity, which is carried out in its inherent procedural form, has been expressed and confirmed. Therefore, the relevant requirements for proof are established thanks to the criminal procedural form. Therefore, there is every reason to  talk about the selection and research of such a phenomenon as a "criminal procedural form of proof".

 It was noted that the criminal procedural form, which is based on the principles of criminal proceedings, ensures the direct implementation of the content of these principles in the activity of proof.

 The criminal procedural form, through the establishment of requirements for the behavior of the participants in the criminal proceedings, determines the algorithm (model) for their actions and procedural decisions during the evidence, while ensuring the protection of the rights and freedoms of the persons participating in it. It was noted that the model of activity of the participants in criminal proceedings on evidence, determined by the criminal procedural form, reflects a humanistic approach to the issue of protection of the rights and freedoms of the individual.

 Attention is drawn to the fact that separate requirements for the collection of evidence are reflected in such elements of the manifestation of the criminal procedural form as the procedural regime, proceedings, stage, stage of the stage, which are characterized by their own set of evidentiary actions.

 It has been proven that the criminal procedural form directs the activity of proof to achieve a legally significant result by establishing requirements for such activity, recording its results, and fulfilling the tasks of criminal proceedings. At the same time, the shortcomings of the legal regulation of evidence activities lead to failure to ensure its proper implementation, which makes it impossible to fulfill the tasks of criminal proceedings.