Problems of criminalistic methods of judicial proceedings in criminal cases

The problem of conceptualizing criminalistic provisions, called the methodology of judicial proceedings, has been in Russian science for quite a long time. Its solution is largely based on the views formed in the 70s and 80s of the last century, in which the theoretical and methodological provisions of the final section of criminalistics, criminalistic methodology, were not formed. The article examines individual forms of conceptualization of the idea of a trial methodology, primarily such as a full-structured investigation methodology, and the objective circumstances of its use. Based on their historical experience in the development of the provisions of criminalistic tactics and criminalistic methodology, based on modern scientific research methods, it is concluded that, conceptually, solving the problem of judicial procedure is possible only simultaneously with solving a separate, no less major, problem of conceptualizing judicial procedure tactics. Each of these concepts should follow a path similar to that followed by the methods of preliminary investigation and the tactics of preliminary investigation, and the main conditions for obtaining a proper result are the mutual use of theoretical and methodological provisions obtained in each of them. In this case, by separating the object and subject of judicial tactics and judicial methodology, it is possible to obtain a format for separating each of them, which allows both judicial tactics and judicial methodology to productively use the provisions of the "conceptual counterparty", taking further steps towards their own development. The available research on the methods of judicial proceedings for crimes of one kind or another only "prepares the ground" for the formation of a complete concept of judicial procedure methodology as a theoretical and methodological education of a special kind, which serves as the basis for the development of judicial procedures for certain categories of criminal cases. The principles of the formation of the forensic methodology of judicial proceedings should show the specifics of the emergence of evidentiary information in court, bearing in mind that such information lies at the intersection of objective (in this case, the materials of the criminal case submitted to the court) and subjective (views on their content of the court and the public prosecutor, taking into account, undoubtedly, the assessments of the defense). In order to avoid synonymous diversity, given the additional inextricable link between criminology and the criminal process, it would be more correct to talk about judicial tactics and judicial methodology. These concepts will correspond to the concepts of pre-trial tactics and methods, bearing in mind the fact that the forensic activity of the investigator is carried out with the beginning of pre-trial proceedings, with the receipt of a crime report. The author declares no conflicts of interests.

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