CRITERIA FOR CLASSIFYING PROCEDURAL MEANS OF EVIDENCE IN CRIMINAL PROCEEDINGS

Abstract

This article is devoted to identifying the criteria for classifying procedural means of evidence in criminal proceedings, taking into account the investigative nature of the pretrial investigation. It is argued that the process of proving a case is a specific type of legally regulated investigative activity carried out exclusively through the use of means defined by criminal procedural law. Attention is drawn to the fact that during the pre-trial investigation stage, an intensive process of forming the evidentiary base takes place as a result of the use of the prescribed procedural means. It is noted that the legal codification of such means defines the limits of permissible interference with human rights and ensures the legality of the prosecution’s investigative activities regarding the establishment of the circumstances of a criminal offense. The state of scientific research on the issue is analyzed, within which the fragmentary nature of approaches to defining the criteria for classifying procedural means of evidence is noted. It is demonstrated that the absence of a unified classification system creates difficulties in the theoretical understanding and practical application of the relevant evidentiary tools. It is noted that classification, as a scientific method of cognition, allows not only for the systematization of procedural means but also for the elucidation of their functional purpose within the evidentiary mechanism. It is determined that procedural means of evidence should be classified according to a set of interrelated criteria that reflect their multidimensional nature. The expediency of distinguishing a normative-legal criterion is substantiated, one that encompasses not only investigative (search) actions but also specific measures to ensure criminal proceedings. A system of criteria for classifying procedural means of evidence is proposed, which can serve as a foundation for further scientific research aimed at enhancing the effectiveness of pre-trial investigations and achieving the objectives of criminal proceedings.