Keyword: «evidence»

Nowadays permanent changes associated with usage of information technology in all spheres of life require a lawmaker to pay attention to these changes promptly. The article presents different opinions of procedural scientists concerning the consolidation of digital evidence as an independent form in the Code of Criminal Procedure of the Russian Federation. There was the analysis of the criminal procedure codes of such foreign countries as: the Republic of Austria, the Swiss Confederation, People’s Republic of China, and the Socialist Republic of Vietnam. The author pointed out the positive aspects of the usage of digital evidence as well as the problems with the use.

Based on the analysis of domestic and foreign scientific works, the article presents the current state of the theory and practice of assessing students' competences. It is noted that there are difficulties in evaluating complex, deeply latent and interdisciplinary by their nature educational results of students in terms of competences in the development of basic educational programs of vocational education. The relevance of the study is due to the need to improve the reliability of estimates. The aim of the study is to show new approaches to the design, construction and application of assessment tools according to evidence-centered argumentation models based on the theory and practice of pedagogical measurements that ensure the fairness of the assessment process and the authenticity of the assessment results. The novelty of the study lies in the systemic representation of the design algorithm and simulation of an evidence-centered assessment procedure with the inclusion of the planned work of students when completing the task. The ideas about the methodology of evidence-centered assessment of competences have been expanded in order to increase the reliability and authenticity of the results. It is shown that the trends in the development of control and assessment activities are aimed at strengthening the connection between training and the design of evidence-centered assessment. An important step in the new approach to assessing competences is the design of an assessment tool based on the modeling of assessment elements and the use of situational tasks. At the same time, modeling the assessment construct of the subject area and the planned activity of the subjects in the process of their interaction with the evaluation means is a system-forming element of the assessment tool, the activity of students in the situation of the assessment procedure is ensured by the use of simulations in the digital environment. Analysis and self-assessment of the results become an obligatory component in the assessment process.

Taking into account the ongoing search for an effective form of criminal proceedings at the pre-trial stages of the criminal process, the author analyzes the advantages and disadvantages of the protocol form of pre-trial preparation of materials previously used in domestic criminal proceedings, which in modern legal literature is considered as a possible option for introduction into criminal procedural legislation. The conclusion is substantiated that this form of production had a number of shortcomings and its use is possible only if they are eliminated.

The article discusses various aspects that influence the process of proof. Issues related to the strength of evidence presented in court and the difficulties faced by the parties in the process of collecting evidence are considered

In the article, the author analyses the problems of gathering evidence and the evidentiary process arising in criminal proceedings in the Russian Federation. Certain features of evidence are noted, the powers of participants in criminal proceedings are examined in connection with the collection of evidence in conjunction with the final assessment of the objectivity of the investigation. The emphasis is on the principle of the freedom to evaluate evidence, which the author considers to be subject to review in the light of the need to refer to the standard of proof as a required known set of circumstances, minimizing miscarriages of justice in determining the culpability of persons for alleged acts.