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ADMISSIBILITY OF THE USE OF LEADING QUESTIONS IN PRESENTATION FOR IDENTIFICATION AND EXAMINATION IN CRIMINAL PROCEEDINGS

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 73)

Publication Date:

Authors : ;

Page : 90-99

Keywords : pre-trial investigation; court proceedings; investigative (judicial) actions; leading questions; objections; admissibility;

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Abstract

Introduction. Illegal activity has always been a threat to the development of humanity and the normal functioning of social legal relations. That is why the state, which is entrusted with the function of ensuring law and order, must, through its authorized bodies, make maximum efforts for the timely prevention of criminal offenses, their full and comprehensive detection (disclosure), investigation and trial of criminal cases related to them. Not the last place here belongs to the sciences of the criminal cycle, first of all, criminology and the criminal process, among the priority tasks of which are, in particular, normative regulation of procedural forms and the development of the most effective methods and means of combating crime. Under such conditions, among other things, setting and solving tasks on the development of scientific knowledge regarding the essence and practical application of forensic tactics, one of which is leading questions, becomes important. Goal. The purpose of the research is to establish the normative consolidation and formation of the theoretical foundations of leading questions as a means of communication in criminal proceedings and to substantiate the provisions regarding the admissibility of their extended use during such procedural actions of evidentiary direction as presentation for identification and examination. Materials and methods. The materials of the study are: 1) criminal procedural legislation, which regulates the procedure for presentation for identification and examination during pre-trial investigation and trial; 2) the works of domestic and foreign authors who conduct their scientific and practical research in the field of criminal procedural activity, in particular, in relation to the procedures of investigative and judicial actions of evidentiary direction. The methodological validity of the initial theoretical propositions of the article is ensured by a dialectical approach to the scientific knowledge of social phenomena. Used general scientific and special legal methods: analysis (applied for the purpose of researching pre-trial and judicial presentation for recognition and review, which made it possible, in particular, to distinguish their essence and place in the system of procedural actions, as well as the admissibility of application during their conduct questions), synthesis (used to identify normative and material-situational grounds for application during the presentation for recognition and review of leading questions), generalization (used for the purpose of formation and development on the basis of positions and opinions already available in the special literature, new scientific approaches regarding the legal and psychological essence of leading questions), the structural-functional method (made it possible to single out the stages of presentation for identification and review, primarily in the context of the functioning of leading questions in these actions), etc.

Last modified: 2024-12-17 21:28:20