THE EVIDENCE OF PRACTICE AS THE MAIN ELEMENT OF A UNIFIED FORM OF ACTION IN PRE-TRIAL PROCEDURE REALIZATION

Abstract

The problem of differentiation of the form of action during preparation of materials at pre-trial stage. The Soviet criminal procedure has passed its way from the actual separation of the form of action to a dual criminal procedure form of pre-trial proceedings. These forms were similar in many respects, except for a few minor differences in inquiries and preliminary investigations. In the 1980s, a protocol form of pre-trial criminal proceedings had been introduced into the criminal procedure, and then applied to a small number of crimes, both obvious or insignificant. Law enforcement government agencies - mainly the police - quickly mastered the fast-track and simplified proceedings. Currently, the Code of Criminal Procedure of the Russian Federation have regulated the new form of action of pre-trial proceedings, which represents shortened form of the inquiry. However, is this form differentiated in its content? In this article, we come to the conclusion that, according to the Code of Criminal Procedure of the Russian Federation, the differentiation of the form of action is not adequate. This conclusion is made on the basis of the analysis of the provisions of the Russian criminal procedure legislation of different periods (1923, 1960, 2001) regarding the regulation of the concepts of ‘evidence’, ‘source of evidence’, the legal status of the shortened form of the inquiry and preliminary investigation (inquiry and preliminary examination). In particular, as for a unified inquiry, the formation of sources of evidence inherent to it is not completed, and such sources are not isolated in the corresponding section of the Code. The article proposes a solution to these problems.