REORGANIZATION OF COGNITION. CRIMINAL PROCEEDINGS INITIATION STAGES: ADVANTAGES AND DISADVANTAGES

The Cognition at the stage of criminal proceedings excitation traditionally differs from the cognition at other stages of the criminal process: 1) вy objective (you should check the message of the crime); 2) вy actions directed at inspection (they can’t be forced); 3) вy results (as a rule, they are not evidence in this case); 4) вy the lack of the participants status regulation. Changes of the Criminal procedure code of the Russian Federation from March 4, 2013 have touched all the activities. The witness immunity and the right for a lawyer have appeared, the range of investigative actions has been expanded, and it has become possible to use the results of the inspection as evidence. There is no doubt that the detailed regulation is an advantage of the cognition of the first stage of the process. However, the permission to conduct compulsory investigative measures and to use the results of the operatively-search actions and other validation activities without the recheck threaten the whole concept of the evidential activity of the Russian criminal process.