PREJUDICE AND ITS EVIDENTIAL VALUE IN CRIMINAL PROCEEDINGS
Rubrics: CRIMINAL LEGAL SCIENCES
Authors:
1.
MIREA – Rossiyskiy tehnologicheskiy universitet
(kafedra gosudarstvennogo i administrativnogo prava, professor)
Type:
Article
Pages:
from 90
to 96
Status:
Published
Received:
16.12.2025
Accepted:
10.02.2026
Published:
10.02.2026
Language:
Russian
Keywords:
prejudice, evidence, criminal proceedings, court decision that has entered into force, circumstances established by the court, limits of prejudice.
Abstract:
The article provides a comprehensive analysis of the institution of preclusion in the criminal proceedings of the Russian Federation. It examines the evolution of the legal regulation of preclusion, its evidentiary significance, and the limits of its application. The author explores the issue of the binding nature of court findings established by a legally enforceable court decision for the preliminary investigation and the court in another case. Special attention is paid to a critical analysis of the absolute power of pre-judgment, an analysis of the judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as the identification of conflicts that arise in the application of this institution. Based on the conducted research, conclusions are formulated about the need for a flexible approach to assessing pre-judicial circumstances, while ensuring the principles of adversarial proceedings and the right to defense.
The article provides a comprehensive analysis of the institution of preclusion in the criminal proceedings of the Russian Federation. It examines the evolution of the legal regulation of preclusion, its evidentiary significance, and the limits of its application. The author explores the issue of the binding nature of court findings established by a legally enforceable court decision for the preliminary investigation and the court in another case. Special attention is paid to a critical analysis of the absolute power of pre-judgment, an analysis of the judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as the identification of conflicts that arise in the application of this institution. Based on the conducted research, conclusions are formulated about the need for a flexible approach to assessing pre-judicial circumstances, while ensuring the principles of adversarial proceedings and the right to defense.
Keywords:
prejudice, evidence, criminal proceedings, court decision that has entered into force, circumstances established by the court, limits of prejudice.
prejudice, evidence, criminal proceedings, court decision that has entered into force, circumstances established by the court, limits of prejudice.
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