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INTRODUCTION

Urgency of the given research. Essential progress in working out and introduction during a public life of the newest information technologies influence criminal procedure activity which appreciably consists in the information search, promoting an establishment and exposure of the person who have committed a crime.

Introduction in the Code of Criminal Procedure of the Russian Federation (further - UPK the Russian Federations) the norms regulating an order of use in the course of proving of new technologies and electronic data carriers, characterise approach of new "era" in the law of evidence. In the researches devoted to the general theory of proving, necessity of refusal of proving for pre-judicial manufacture, possibility in the long term replacements of reports and other written documents by electronic carriers [1] is proved. Partly, these ideas have found support at the legislator who has established an order of use of electronic documents in the criminal trial [2].

At the same time, occurrence of ideas about change of system of proofs and proving process on criminal cases testifies to presence of real problems in a legal regulation, and, accordingly, in understanding and application of positions UPK of Russia about proofs and proving. Among them and problems of legal definiteness of an order of collecting, check and evaluation of evidence at stages of pre-judicial manufacture. Subjects of proving on criminal case are authorised to spend investigatory actions, and the received results are obliged to fix in the report. The report makes out also legal proceedings which are not investigatory that does the report by the most widespread remedial document in which the circumstances which are coming under to proving are fixed. Nevertheless, UPK the Russian Federation does not contain concept "report" and does not define the list of the investigatory actions which reports admit proofs. There is no definiteness in a question of the subject of executing a process-verbal of investigatory action. Reports of investigatory actions, being proofs on criminal case, pass check and an estimation at judicial stages of manufacture on business that is reflected in the report of session of the court. However, neither in the theory, nor in practice there is no unity in understanding of the one who can be the secretary of the session of the court, authorised to execute the process-verbal what should be its maintenance, whether each session of the court should come to an end with executing a process-verbal and its signing, what order of acquaintance with the report of participants of criminal trial and what its evidentiary value.

Problem pravoprimenenija is gathering, check and an estimation as the proof of other document. In the course of proving other document in one cases is considered, how the document - a material evidence, in others - the document-proof, in the third - as the remedial document.

All it has aggravated requirement for scientific working out of theoretical positions about evidentiary value of reports of investigatory actions and other documents, in perfection of legal regulation of an order of collecting, check, an estimation and use in criminal trial of the named remedial documents as proofs.

Theoretical readiness of a theme of research. The problem of evidentiary value of reports of investigatory actions and other documents and became earlier a subject of scientific interest of many researchers.

The essential contribution to working out of a problem of documenting of investigatory actions researchers of the theory of the law of evidence (have brought A.S.Alexander, N.S.Alexey, O.J.Baev, B.C. Balakshin, V.P.Bozhev, N.A.Vlasova, B.J.Gavrilov, I.B.mushroom, V.N.Grigoriev, E.P.Grishin, N.A.thunder, E.A.share, N.V.Zhogin, E.A.Zajtseva, D.V.Zelensky, Z.Z.Zinatullin, V.V. Zolotyh, K.B.Kalinovsky, L.M.Karneeva, N.M.Kipnis, L.V.Klejman, JU.V.Korenevsky, N.P. Smiths, N.A.Kuznetsova, A.M.Larin, E.V.Larin, O.V.Levchenko, P.A.Lupinskaja, T.A.Moskvitin, A.D.Nazarov, JU.K.eagle, N.P. Poles, N.I.Revenko, S.B.Rossinsky, A.P.Ryzhakov, E.B.Smagorinsky, A.B.nightingale, M.S.Strogovich, V.V. Terekhin, A.I. Cowards, F.N.Fatkullin,

O.V.Himicheva, N.P.Tsareva, S.A.Shejfer, M.A.Shitov, O.E.Jatsishina and

dr).

Reports of investigatory actions and other documents were a subject of dissertational researches of such authors as: A.N.Kopeva «Documents as proofs in the Soviet criminal trial» (1969); JU.N.Prokofiev «Use of documents as proofs in the Soviet criminal trial» (1976); L.V.Voronina «Reports and other documents as sources of proofs in the Soviet criminal trial» (1991); N.A.Kuznetsova «Collecting and use of documents as proofs on criminal cases» (1996); V.A.Kamyshin «other documents as« free »the proof in criminal trial» (1998); N.P.Tsareva «Other documents supposed as proofs on UPK the Russian Federation» (2003); V.O.Agibalova «Remedial and other documents as sources of proofs in the criminal trial» (2003); A.G.Markelov «Other documents as proofs in the Russian criminal trial» (2004) ; O.V.Savenko «Reports of investigatory actions and session of the court as proofs on criminal case» (2014).

Besides, questions of evidentiary value of reports and other documents were investigated in theses for a doctor's degree - G.P.Himichevoj (Moscow, 2003), P.S.Pastuhova (Moscow, 2015), S.B.Rossinsky (Moscow, 2015), V.V. Terekhin (Nizhni Novgorod, 2016); and also in A.A.popova's master's theses (Moscow, 2015), T.F.

Khmelnitskiy (Nizhni Novgorod, 2016), S.V.Fiskevicha (Krasnodar, 2016), V.A.Rodivilinoj (Irkutsk, 2016), A.S.Lizunova (Nizhni Novgorod, 2017), A.V.Garusova (St.-Petersburg, 2018), etc.

The specified authors have analysed positions of norms UPK the Russian Federation, have generalised available points of view of scientists, have made an attempt to answer existing questions and, thereby, have brought the essential contribution to development of the law of evidence, have rendered the essential help to judicial and investigatory practice. At the same time, acquaintance with the scientific literature under the law of evidence brings us to a conclusion that in the remedial theory still there are unresolved problems of gathering, checks and estimations of reports of investigatory actions and other documents, demanding the scientific judgement.

As object of dissertational research reports of investigatory actions and other documents as sources of proofs in the criminal trial act.

As subject of dissertational research rules of law of the Russian Federation and the foreign states, drawing up regulating a remedial order, recognitions and uses of reports of investigatory actions and other documents quality of proofs in the criminal trial act doktrinalnye theories. The object of research includes also the scientific researches spent on problems of the law of evidence, and also judiciary practice of the Russian vessels and the European court under human rights.

The purpose of dissertational research - specification available and theoretical working out of new positions about reports of investigatory actions and other documents as sources of proofs, and also proved offers on perfection of legal regulation of their drawing up, check, an estimation and use in the course of proving on criminal cases.

Statement and the decision of following problems is necessary for achievement of the specified purpose:

- To develop concept of the reports used in the criminal trial of the Russian Federation;

- To define kinds of the reports used in the criminal

Process, and also kinds of the investigatory actions, which reports

Admit proofs;

- To make the analysis of reports of investigatory actions as

Sources of proofs in criminal trial;

- To develop concept of other document as source

Proofs in the criminal trial;

- To define kinds of other documents and their value in proving on criminal case;

- To investigate the general and special requirements shown by the law to the report of investigatory action;

- To reveal criteria of check and an estimation of reports of investigatory actions and other documents as sources of proofs;

- To define rules of check and an estimation of other documents,

Used as proofs on criminal case.

The theoretical base of research was constituted by works of domestic and foreign authors on philosophy, the logician, sociology, the general theory of law, criminal and to the criminal procedure, criminalistics and other branches of knowledge. Results of research are based on the comparative analysis of positions of the criminal procedure legislation of Russia and the foreign states, in decisions of the Constitutional and Supreme vessels of the Russian Federation, statistical reports, reports, reviews, analytical documents on activity of investigatory-judicial bodies, including on materials of the interdepartmental and departmental control and supervision of preliminary investigation, and also on materials of concrete criminal cases.

Methodology and research technique. The basic method of research is the dialectic method, allowed to learn the legal nature and remedial value in proving of reports of investigatory actions and other documents. The abstraction method has allowed to develop the conceptual device which was used during research; historical and rather-legal methods were used at studying of evolution of documenting of investigatory actions at criminal proceeding; and for a substantiation of offers on perfection of the legislation and practice of its application methods of the analysis and synthesis, an induction and deduction were used. Besides, at research carrying out the private scientific methods of the knowledge which has allowed more deeply to get into separate cases of developed practice of drawing up, check, an estimation and use of reports of investigatory actions and other documents as proofs on criminal case (is formal-logic, system-structural, a method of the analysis of documents, generalisation it is investigatory-judiciary practice, use of data of judicial-investigatory statistics) were used; the sociological method as a special method of scientific knowledge was used for the analysis of an empirical material.

Scientific novelty of results of dissertational research is defined by that it: first, is complex research of questions of maintenance of evidentiary value of reports of investigatory actions and other documents and their uses in the criminal trial; on the basis of research of existing theoretical sights and the developed practice of application of norms of criminally - remedial legislation of the Russian Federation about reports and other documents as proofs on criminal case; secondly, the system of theoretical positions about the legal nature and remedial essence of reports of investigatory actions and other documents is developed; thirdly, conclusions and offers on perfection of a legal regulation of their drawing up, check, an estimation and use as proofs are formulated.

Conclusions and the offers which are taken out on protection:

1. The offer on entering of additions in article 5 UPK the Russian Federation:

«13.2) other document - a material data carrier,

Containing the data certificated by the enterprises, establishments, the organisations, officials and citizens, and also any other material data carrier important for an establishment of circumstances, specified in article 73 UPK the Russian Federation;

«53.4) the report - the remedial document constituted according to the present Code and certificating the fact of fulfilment of legal proceedings;

«53.5) the investigatory action report - the remedial document constituted according to the present Code and reflecting circumstances, established and intuitional the authorised person during carrying out of investigatory action by it;

53.6) the report of session of the court - the remedial document constituted according to the present Code and containing the fact sheet, reflecting a course of session of the court and results of examination during trial ».

2. The offer on differentiation of other documents as proofs from documents - material evidences.

The document can be recognised by a material evidence, if it: served as committing a crime means; has kept on itself crime traces; on it criminal acts have been directed; it is received as a result of committing a crime; was the document which can serve as means for detection of a crime and an establishment of circumstances of criminal case.

The document in itself is the proof, if it: it is constituted or made by the subjects allocated with corresponding powers within the limits of administrative regulations and procedures; as the material object itself is a proof source; allows to establish one or several of the circumstances which are coming under to proving;

3. The offer that the written form of the report is a guarantee of authenticity of perfect legal proceedings and reliability of personal reception of the proof the authorised person. Digital technologies do not possess a similar guarantee in view of their vulnerability for a manipulation data, as has caused an establishment the Federal act from 23.06.2016 № 220-FZ requirements according to which at manufacturing of a judgement in the form of the electronic document additional manufacturing of a copy on the paper carrier (ч.2 item 474.1 UPK the Russian Federation) is necessary.

4. Author's edition of article 83 UPK the Russian Federation - Reports of investigatory actions and reports of session of the court:

«1. A source of proofs on criminal case are reports of following investigatory actions: survey (including survey of a corpse); exhumation; survey; dredging; a search; a presentation for an identification; investigatory experiment; check of indications on a place; survey and withdrawal of pochtovo-cable departures in communication establishments; reception of the information on connections between subscribers and (or) user's devices.

2. A proof source the report of session of the court or signed by the chairman and the secretary of session of the court a report part admits.

3. Reports of investigatory actions and reports of sessions of the court are supposed as proofs if they correspond to the requirements established by the present Code ».

5. That for acceptance by the judge of the proved decision to obtain on demand or not criminal case, in number of the documents put to the complaint or representation, it is necessary to include the offer and reports of sessions of the court. For the decision of this question it is necessary to add:

Part of 5 articles 401.4 UPK the Russian Federation after words «on the given criminal case», words: «and copies of reports of sessions of the court»;

Part of 4 articles 412.3 UPK the Russian Federation after words «accepted on business» words: «and copies of reports of sessions of the court».

6. The offer on entering into parts 1, 2 and 7 articles 166 UPK the Russian Federation «the investigatory action Report», following changes:

«1. The investigatory action report is constituted during carrying out of investigatory action or is direct after its termination by the inspector or the investigator who has spent investigatory action.

2. The report can be handwritten or made with computer use. For maintenance of completeness of the report at investigatory action carrying out photo means, audio-and fixing video can be used. Photo means, audio-and fixing video are stored at criminal case ».

«7. The report subscribes the inspector or the investigator who has spent investigatory action, and the persons participating in investigatory action».

7. Absence in article 259 UPK the Russian Federation of express indication that in the report of session of the court results of research of reports of investigatory actions are reflected, reduces their value in an establishment court of all circumstances on business.

In this connection it is offered to make changes and additions to a part of 3 articles 259 UPK the Russian Federation:

Point 12 of a part 3 to state in the following edition:

«12. Results of the surveys made in session of the court;».

To add with point 12.1 of the following maintenance:

«12.1) results of research of material evidences, reports of investigatory actions and session of the court, expert's statements and the expert, and as other documents;»;

8. The requirement of a part of 1 article 240 UPK the Russian Federation about direct research by court of proofs extends and on the proofs received during pre-judicial manufacture on business. To instructions that the court discloses reports and other documents, should precede the requirement of their research in session of the court. The Russian Federation words «Is offered regarding 1 article 240 UPK discloses reports» to replace on «investigates and discloses reports of investigatory actions...»;

9. Existing practice when the report of session of the court begun personally by one clerk of court and continued by another, admits the admissible proof if it is signed by both secretaries who have made the report, is not provided UPK the Russian Federation though from the practical point of view is more comprehensible and should be legitimised. The part of 6 articles 259 UPK the Russian Federation after the offer Is offered: «the Report during session of the court can be made in parts which, as well as the report as a whole, subscribe the chairman and the secretary», to add with the offer: «In cases when manufacturing of the report of session of the court has been begun by one, and it is continued by other secretary of session of the court, the report subscribes both secretaries of session of the court and the chairman».

The theoretical importance of dissertational research consists that conclusions containing in it and recommendations are directed on the decision actual theoretical and pravoprimenitelnyh problems of use of reports of investigatory actions and other documents as proofs in criminal trial. Results of research bring the certain contribution to development of the theory of the law of evidence and can form a basis for the subsequent researches on doctrine perfection about proofs and proving in criminal trial.

The practical importance of dissertational research is defined by its general orientation on the decision of the important practical problem - increases of efficiency of proving by means of maintenance of an admissibility of reports of investigatory actions and other documents. In the dissertation new articles are formulated and editions of operating articles UPK the Russian Federation are offered. Practical offers of the author can be used in system of the law enforcement bodies which are carrying out the criminal trial. Results of research can be used in educational process at teaching of discipline the "Criminal trial", the special disciplines assuming studying of proofs and proving in educational institutions of a legal profile, and also by preparation of educational and other methodical materials.

Reliability degree, approbation and introduction in practice of results of research. The dissertation is discussed and approved on faculty meeting of criminal trial of the St.-Petersburg university of the Ministry of Internal Affairs of Russia (the report № 10 from April, 24th, 2018). Substantive provisions of dissertational research have passed approbation in performances of the competitor at the International scientifically-practical conference «Achievements and problems of a modern science» (Ufa, on July, 28th, 2015); the All-Russia scientifically-practical conference «Actual problems of criminal trial and criminalistics» (Krasnodar, on March, 17th, 2017); the All-Russia scientifically-practical conference «the Criminal trial of Russia: problems and development prospects» (Sankt - Petersburg, on November, 06th, 2015, on November, 23rd, 2016, on November, 24th, 2017);

The international scientific-theoretical conference «the State and the right: evolution, a modern condition, development prospects» (St.-Petersburg, on April, 28th, 2016, on April, 27-28th, 2017); International nauchnoprakticheskoj conferences «Law-enforcement activity OVD in a context of modern scientific researches» (St.-Petersburg, on December, 11th, 2015, on December, 09th, 2016, on December, 09th, 2017).

Results of research are introduced and the Ministries of Internal Affairs of Russia on to St.-Petersburg and Leningrad region, and also in educational process of the St.-Petersburg university of the Ministry of Internal Affairs of Russia are used in practical activities of Main investigatory management GU at reading of a course "Criminal trial" and «Actual problems of criminal trial».

Reliability of results of research proves to be true empirical data which are published by the author in sixteen scientific articles, four of which are published in the editions recommended VAK of the Ministry of Education and Science of the Russian Federation.

The empirical base of research is presented by materials of generalisation published and neopublished investigatory, public prosecutor's and judiciary practice, data of researches of other scientists on a similar problematics. For a substantiation of conclusions and maintenance due reprezentativnosti results sociological research is carried out. Under specially developed questionnaire interrogation in the form of questioning and interviewing of 215 respondents is spent, including: inspectors (80 persons), investigators (70 persons), lawyers (15 persons), secretaries of vessels (40 persons), and also interviewing of judges (10 persons).

For revealing of the settled practice of check and an estimation of reports of investigatory actions and other documents materials of 250 criminal cases considered by vessels of various level, and 300 materials of the criminal cases which were in manufacture at investigators and inspectors of various areas UMVD GU the Ministry of Internal Affairs of Russia on have been studied and generalised Sankt -

To Petersburg and Leningrad region, inspectors G lavnogo Investigatory management of Central administrative board of the Ministry of Internal Affairs of Russia on to St.-Petersburg and Leningrad region, inspectors of Investigatory committee of the Russian Federation on to St.-Petersburg and Leningrad region. The empirical base of research was constituted also by a personal operational experience of the competitor as the inspector of Management on transport of the Ministry of Internal Affairs of Russia on Northwest federal district.

Work structure. The dissertation consists of the introduction, two heads including six paragraphs, the conclusions, the list of the used literature and appendices.

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A source: DOLGAEV VICTOR VIKTOROVICH. REPORTS OF INVESTIGATORY ACTIONS AND OTHER DOCUMENTS AS SOURCES OF PROOFS IN THE CRIMINAL TRIAL. THE DISSERTATION On competition of a scientific degree of the master of laws. St.-Petersburg, 2018. 2018
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More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. Instead of Introduction …
  14. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  15. 5. Attention strengthening to questions of legal introduction.
  16. Introduction
  17. Introduction
  18. Introduction
  19. Introduction
  20. Introduction