Russian Journal of Economics and Law (Dec 2024)
Imbalance in the duality of criminal activity and its proving
Abstract
Objective: to verify and confirm (or refute) the hypothesis about the mismatch between the means of proof and the means of criminal activity in terms of strength and diversity, which causes imbalance in the dualism of criminal activity and its proving. Methods: in solving the research problem, we used, first of all, dualistic and hypothetical-deductive methods, as well as methods of functional systems, comparison and other general scientific methods. Results: criminal activity and its proving show the dualism of two complex functional systems, which are opposite, not reducible to each other, equal, but not equipollent. The lack of equipollency is manifested in the inconsistency of the means of proof with the means of criminal activity in terms of strength and diversity. On the one hand, the available means of proof are outdated and limited; on the other hand, they are used ineffectively when forming evidentiary systems of different levels. This leads to imbalance in the dualistic system. This is confirmed by systemic problems of reality – critically low disclosure rate, violation of the rights and freedoms of participants in criminal proceedings, low level of compensation for damages from crimes, protracted procedures of multi-volume criminal cases, etc. Scientific novelty: for the first time, the activity of proving is presented as a complex functional system, which together with criminal activity forms a dualism. In this dualistic system, an imbalance is found, consisting in the non-equipollent relationship between the two functional systems, where the means of proving are inferior to the means of criminal activity both in strength and in diversity. In this regard, the article attempts to reveal the mechanism of proving in order to determine how the two sides in the dualistic system can be balanced. Practical significance: the provisions laid down in the study can in the future act as a methodological basis for improving the means of proving and increasing the effectiveness of forming evidentiary systems of different levels.
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