THE COURT IS AN IMPORTANT PARTICIPANT IN THE PROCESS OF EVIDENCE WITHIN THE FRAMEWORK OF CRIMINAL PROCEEDINGS

Abstract

This article analyzes the status and importance of the court as one of the subjects of proof in a criminal case. Foreign experience, a review of the legislation and the opinion of scientists on this issue are also analyzed. In particular, neither the legislator organs nor the representatives of the scientific community have a common point of view on the issue whether the court is the subject of proof or not, and if yes, what task it should perform in the process of proof. Even the international experience on this issue is different, in particular, among the CIS member countries, only under the legislation of Kazakhstan, the courts are deprived of the status of a subject of proof, while in Kyrgyzstan, the Russian Federation, Belarus present the contrary. There are positive and negative aspects of the status of the court as a subject of proof. In particular, depriving the court of the status of the subject of proof and leaving it exclusively in the status of an arbitrator or observer does not allow determining the truth in the case. Especially when the parties take a passive position in the performance of their tasks, there is a high probability of limiting the right of a person to justice. Based on the analysis, substantiated proposals are presented to determine the status of the court in the process of proving and improving legislation.