Rossinskiy S.B. Protocols-as-Evidence in Criminal Proceedings: Normative-Onomastic Anomalies
DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.15
Sergey B. Rossinskiy, Doctor of Sciences (Jurisprudence), Professor, Chief Researcher, Sector of Criminal Law, Criminal Procedure and Criminology, Institute of State and Law of the Russian Academy of Sciences, Znamenka St, 10, 119019 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-3862-3188
Introduction: the paper presents the results of the latest stage of the author’s research related to the essence and purpose of the results of procedural-cognitive techniques subject to documentation. These techniques involve the visual-figurative perception of fragments of objective reality – so-called non-verbal investigative and judicial actions. The paper examines normative-onomastic anomalies of protocols-as-evidence, i.e., known peculiarities in legislative approaches to their naming. The purpose of the paper is to propose scientific hypotheses regarding the reasons that predetermined the normative-onomastic anomalies of protocols-as-evidence. Methods: the preparation of the paper employed the general scientific research methods: the dialectical method of cognition, the method of systems analysis, the formal-logical methods, etc., as well as the special methods: the formal-legal method, the historical-legal method, etc. Results: the conducted research has allowed for the assumption that the observed normative-onomastic anomalies of protocols-as-evidence arose due to the lack of a proper theoretical foundation for protocols of investigative actions and court sessions. Conclusions: 1) a terminological inconsistency in the naming of these information assets should be unconditionally eliminated by making appropriate amendments to the criminal procedure legislation; 2) changing the very name of protocols-as-evidence is unnecessary, at least premature. The most reasonable measures appear to be those aimed at ensuring a gradual habituation to the new name of such means of proof by clarifying these issues in doctrinal sources.
Key words: evidence, court record, protocols of investigative actions, results of non-verbal investigative actions, results of non-verbal judicial actions, means of proof, formation of evidence.
Citation. Rossinskiy S.B. Protocols-as-Evidence in Criminal Proceedings: Normative-Onomastic Anomalies. Legal Concept = Pravovaya paradigma, 2026, vol. 25, no. 1, pp. 118-125. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2026.1.15
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