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Kostenko R.V. The Problems of Realizing the Right to Collect and Present Evidence by Parties to a Criminal Proceeding

DOI: https://doi.org/10.15688/lc.jvolsu.2018.2.18

Roman V. Kostenko, Doctor of Sciences (Jurisprudence), Professor, Department of Criminal Procedure, Kuban State University, Stavropolskaya St., 149, 350040 Krasnodar, Russian Federation, kostenko@yandex.ru 


Introduction: the right to collect and present evidence granted to parties to a criminal proceeding by the current criminal procedure legislation of the Russian Federation is of great importance in law enforcement. The right to collect and present evidence by partiesto a criminal proceeding must be considered in the context of the implementation of the general rights and freedoms of the individual in criminal proceedings. This method of obtaining evidence also eliminates the negative consequences of errors and unfair work of the criminal prosecution bodies. In this regard, the author of the work set a goal to determine the current state of implementing the right to collect and present evidence by parties to a criminal proceeding. Methods: the methodological framework for the research is the methods of scientific cognition, among which the main are the methods of systematicity, observation, comparison, analysis, synthesis, analogy, study of practice, etc. Results: the author’s standpoint stated in the paper is based on the opinion of the competent academic community, the analysis of the current criminal procedure legislation of the Russian Federation, and other normative acts andjudicial practice in the topical issues of the research. Conclusions: the realization of the right to collect and present evidence by partiesto a criminal proceeding is designed to reduce the number of the criminal prosecution bodies at the pre-trial stages of the process, makes it meaningless to obtain evidence in illegal ways and allows, inter alia, the defense to a certain extent eliminate the accusatory bias created during the preliminary investigation. Therefore, the relevance of this problem is dictated by the law-enforcement nature of the criminal process, designed by the criminal procedural evidence to ensure the implementation of the principles of the criminal procedure and procedural rules that guarantee the protection of the individual, his rights and freedoms, and the interests of society and the state against crimes. 

Key words: collection of evidence in criminal proceedings, presentation of evidence in criminal proceedings, partiesto a criminal proceeding, the powers of the defender to participate in the collection of evidence, modern problems of realizing the right to collect and present evidence in criminal proceedings.

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