SYSTEM OF PHYSICAL EVIDENCE IN CRIMINAL CASES: LAW ENFORCEMENT SITUATIONS
Rubrics: CRIMINAL PROCEDURE
Authors:
1.
Volgograd Academy of Ministry of Internal Affairs of Russia
(kafedra ugolovnogo processa uchebno-nauchnogo kompleksa po predvaritel'nomu sledstviyu v organah vnutrennih del, nachal'nik)
employee from 01.01.2023 until now
Volgograd, Russian Federation
employee from 01.01.2023 until now
Volgograd, Russian Federation
2.
Volgogradskaya akademiya MVD Rossii
(ugolovnogo processa chebno-nauchnogo kompleksa po predvaritel'nomu sledstviyu v organah vnutrennih del, zamestitel' nachal'nika kafedry)
from 01.01.2024 until now
Russian Federation
from 01.01.2024 until now
Russian Federation
3.
Mezhdunarodnyy yuridicheskiy institut (Astrahanskiy filial)
(grazhdanskogo prava i processa, docent kafedry)
from 01.01.2023 until now
Russian Federation
from 01.01.2023 until now
Russian Federation
Type:
Article
Pages:
from 72
to 78
Status:
Published
Received:
07.04.2025
Accepted:
12.04.2025
Published:
30.06.2025
Subject area:
VAK Russia 5.1.4
UDC 343.146
UDC 343.146
Language:
Russian
Keywords:
system of physical evidence, criminal cases, designated materials, procedural order, safety and transfer of items, analogy of legal norms
Abstract:
The article considers issues related to procedural regulation of the system of physical evidence in criminal legislation. The authors of the article: demonstrate legal position of the Constitutional Court of the Russian Federation on the movement of the same physical evidence in two or more criminal cases; reveal some practical aspects of this movement when making a final decision on a criminal case; consider the provision on an electronic storage device in terms of its use in another case (material); prove that if there are gaps in the norms of Chapter 10 of the Criminal Procedure Code of the Russian Federation, which among other things, regulates public relations on the movement of physical evidence, they can be resolved by analogy of the law. At the same time, further improvement of the procedural order of movement of physical evidence is neces-sary. The authors propose a variant of a legislative solution to transfer physical evidence on materials designat-ed to a separate proceeding. It requires the person in charge of the criminal case to issue an independent (separate) resolution to transfer items and documents to the body (agency) interested in working with this evi-dence.
The article considers issues related to procedural regulation of the system of physical evidence in criminal legislation. The authors of the article: demonstrate legal position of the Constitutional Court of the Russian Federation on the movement of the same physical evidence in two or more criminal cases; reveal some practical aspects of this movement when making a final decision on a criminal case; consider the provision on an electronic storage device in terms of its use in another case (material); prove that if there are gaps in the norms of Chapter 10 of the Criminal Procedure Code of the Russian Federation, which among other things, regulates public relations on the movement of physical evidence, they can be resolved by analogy of the law. At the same time, further improvement of the procedural order of movement of physical evidence is neces-sary. The authors propose a variant of a legislative solution to transfer physical evidence on materials designat-ed to a separate proceeding. It requires the person in charge of the criminal case to issue an independent (separate) resolution to transfer items and documents to the body (agency) interested in working with this evi-dence.
Keywords:
system of physical evidence, criminal cases, designated materials, procedural order, safety and transfer of items, analogy of legal norms
system of physical evidence, criminal cases, designated materials, procedural order, safety and transfer of items, analogy of legal norms
1. Muratov K. D. Physical evidence in the sphere of inter-branch connections of criminal pro-ceedings: the concept to form unified judicial physical evidence. Journal of applied research, 185—192, 2022. (In Russ.).
2. Valov S. V. Gaps in legal regulation to han-dle physical evidence and measures to eliminate them. In: Topical problems of criminal proceedings. Materials of the All-Russian scientific and practical conference, Novosibirsk, 13 November 2020. Moscow: the Moscow Academy of the Investigative Committee of the Russian Federation; 2020: 35—44. (In Russ.).
