Gilfanov, A.R. Defi nition of proof and its goal in criminal procedural activities of border guard bodies

Abstract: The article is devoted to the specific features of proof in pre-trial proceedings on criminal cases concerning unlawful passing of the state border of the Russian Federation. The author discusses a number of topical practical issues, regarding the elements of crime. He substantiates the statements that the goal of proof in the pre-trial proceedings on criminal cases within this category is formation of the final document of the preliminary investigation, which should be sufficient for the further judicial proceedings on a case. The author provides his own definition of the term “proof in pre-trial proceedings in a criminal case”. The operative investigation practice of the procedural divisions of the border guard bodies proves that the criminal cases initiated due to elements of unlawful crossing of the state border of the Russian Federation (Art. 322 of the Criminal Code of the Russian Federation) form over 50% of all of the criminal cases investigated by the border guard bodies. The proof in pre-trial proceedings on a criminal case is the cognitive process implemented equally by the participants of the judicial proceedings on the sides of defense and accusation, including collection of factual information necessary for the correct resolution of a criminal case, their examination and study for the purpose of making a final decision of a preliminary procedural stage, which is sufficient for the further judicial proceedings on a criminal case.

Keywords: