Formal means of proof in criminal law and process. Monograph

The author subjected a significant rethinking the process of judicial knowledge, primarily in criminal proceedings. Based on the understanding of not only legal, but also the social purpose of legal proceedings, he looks at a new way at the concepts of truth, reliability and provenia used here, offering various, sometimes unexpected options for their ratio, as well as a developed classification of degrees of proof. The book focuses on the fact that, along with evidence, that is, information about real or imaginary facts, numerous formal means are also widely used in practical proof. Among them are presumptions, well -known facts, legal fictions, substance, native facts and prejudice, and each of these means, in turn, contains more detailed typologization. At the same time, a new approach to presumptions as the most numerous class of these funds is demonstrated. In this work, they mainly allocate a place in the field of regulation of criminal law, and not only (and not so much) the process as it was traditionally considered earlier. In addition, many presumptions, substance and fictions, according to the author, are generated not by laws, but by judicial practice in the form of legal customs and customs, which forces them to look for them on the verge of disciplines such as substantive criminal law and the forensic methodology of investigating crimes, and and It opens a truly vast field for further research