Criminal trial and disclosure of crimes

Studying of results of the researches which have been carried out by earlier Soviet and Russian scientists in the field of the solution ofproblems of disclosure of crimes, allows to generalise various approaches to the definition of the concept, its content, spheres andmechanisms of realization of special investigative potential in disclosure and investigation of crimes. The article having interdisciplinarynature is mainly focused on criminal and procedural matter. Elements of science of special investigative activity help illustrate thecriminal and procedural provisions. In research of disclosure and investigation of crimes the author proves the need in an optimum ratioand interrelation of investigative activity and criminal trial for the issues of proving. A sufficient level of search activity ensuringdisclosure and investigation of crimes is reached by standardization of the process of receiving, processing, transformation, realizationand use of the actual operating data in the interests of criminal and procedural proving. In daily work of law enforcement agencies ondisclosure and investigation of crimes communication between investigators and criminal trial should be expressed in various forms ofinteraction of agents and investigators. It assumes the need in a deeper reflection on the issues of the ratio and interrelation ofinvestigating activity and criminal trial for proving. Thus, obtaining live data and, most crucially, its use for proving in a criminal caseare a real vector of development of interrelation of investigative activity and criminal trial at disclosure of crimes at the stage ofpreliminary investigation. Certainly, it is necessary to remember that legitimacy of implementation of investigative actions andpossibility of using their results in the course of disclosure and investigation of crimes is determined, first of all, by existence (lack) ofthe bases for carrying out such actions and by observance (violation) of conditions during their performance. At disclosure andinvestigation of crimes the range of opinions of evidentiary value of non-procedural materials is very broad: from unconditional denialof possibility of their use as proofs to recognition of their status of sources of proofs. As for the results of investigative activity, lawrecognizes its right of a possible source of criminal and procedural proofs.

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