Evidence in Criminal Procedure: The Reasons Behind Modern Regulatory Approaches and Possible Paths to Their Optimization
Annotation
This article examines current normative concepts regarding evidence, which are the primary means of proof in criminal proceedings, as reflected in the provisions of Article 74 of the Criminal Procedure Code of the Russian Federation. It analyzes the reasons that led to the emergence and gradual dominance of the cybernetic approach to understanding evidence, which has influenced these normative concepts. The significance of this approach for the establishment of evidence in criminal procedure is discussed. At the same time, the shortcomings of the cybernetic approach, which have become apparent over time, are noted. It is concluded that the best prospect for the development of the normative basis of evidence is the abandonment of the legal definition of evi-dence, which was inherent in early Soviet criminal procedure law and which allows for the deriva-tion of relevant normative concepts from the meaning of other statutory provisions.
Keywords
| Type | Article |
| Information | Russian Investigator № 08/2026 |
| Pages | 17-21 |
| DOI | 10.18572/1812-3783-2026-8-17-21 |
