Pechnikov G.A., Solovyeva N.A., Shinkaruk V.M. The Charter of Criminal Trial of 1864 – Radical Transition From Formal to Objective (Material) Truth, and the Current Problems of Truth in the Modern Criminal Procedure Code of the Russian Federation

Pechnikov Gennadiy Alekseevich
Doctor of Juridical Sciences, Professor, Department of Criminal Procedure,
Volgograd Academy of Russian Internal Affairs Ministry
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Istoricheskaya St., 130, 400089 Volgograd, Russian Federation

Solovyeva Natalya Alekseevna
Candidate of Juridical Sciences, Associate Professor,
Head of Department of Criminal Procedure and Criminal Studies,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

Shinkaruk Vladimir Markovich
Candidate of Juridical Sciences, Associate Professor,
Department of Criminal Procedure and Criminal Studies,
Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation

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

Key words: Charter of Criminal Trial of 1864, objective (material) truth, the theory of formal proofs, formal, formal and legal truth, “truth of the winner”, competitive (advantageous - losing) process, “transactions on guilt confession”, bill on objective truth.

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