Knowledge and Legal Proof at the Stage of Initiation of Criminal Case

The final qualification work is devoted to the problematic aspects of proof and cognition at the stage of initiation of a criminal case. Legislative innovations in recent years have significantly changed the procedure for verifying a crime report. The increase in the number of permissible investigative and procedural actions, as well as the expansion of the procedural tools of officials at this stage of criminal proceedings, leads to difficulties in determining the standard and limits of proof at the stage of initiating a criminal case.In this regard, the paper examines the theoretical issues of the relationship between knowledge and evidence in criminal proceedings, in particular at the stage of initiation of a criminal case. The author studied the problematic issues related to the need to maintain the stage of initiation of criminal proceedings, determined the procedural status of participants in criminal proceedings and subjects of evidence at the stage of initiation of criminal proceedings. The author also analyzed the institute of standards of proof used in the countries of Anglo-Saxon law and the possibility of its implementation at the stage of initiating a criminal case in Russia. In particular, it is proposed to use the standard of proof of "data sufficiency" ("probable cause"), the application of which can become a measure of the limits of proof at the stage of initiation of a criminal case. In addition, the problematic aspects of the cognitive activity of the authorized bodies at the stage of initiating a criminal case were studied? related to the expansion of the means of preliminary verification of a crime report and, accordingly, the limits of cognitive activity at the stage of initiating a criminal case. In this connection, the classification of investigative and other procedural actions allowed in accordance with Article 144 of the Criminal Procedure Code of the Russian Federation at the stage of initiating a criminal case was given, and problematic issues related to the legal significance and further use of information and materials obtained as a result of investigative and other procedural actions at the stage of initiating a criminal case were highlighted.