INCENTIVE PROOF AS A SPECIAL STANDARD OF EVIDENTIARY ACTIVITY IN CRIMINAL PROCEEDINGS
Oksana Pasynkova
Source abstract
The article proposes a standard of incentive evidence as an independent area of evidentiary activity in criminal proceedings. The aim of the study is to justify the need to distinguish incentive evidence within the framework of existing simplified forms of criminal proceedings and the institution of exemption from criminal liability, which relate to incentive forms of criminal proceedings aimed at humanising and rationalising criminal proceedings and increasing their effectiveness. Based on an analysis of the current norms of criminal procedural legislation, gaps have been identified in the regulation of the procedure for establishing the grounds and conditions for the application of incentive measures. The conclusion is justified that incentive evidence has a dual object of cogni-tion – substantive and procedural law, including the establishment of facts testifying to the fulfilment of the conditions for incentives and compliance with the procedural form of their implementation. A conclusion is formulated on the need to develop a uniform standard of incentive evidence, which will reduce discretion, strengthen guarantees of fairness and increase the effectiveness of criminal proceedings.
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