Results of administrative activities as evidence in a criminal case

Abstract

This article raises the issue of the possibility and forms of use in proving in criminal cases of information obtained in the course of administrative activity of executive bodies. Integrating the results of his previous research in the field of administrative and criminal procedure law, analyzing the norms of the current legislation, doctrinal positions, modern judicial and investigative practice, the authors conclude, the authors come to the opinion that the currently existing scientific approaches and the applied technologies of evidence generation based on the results of administrative activities are of an artificial nature and in fact are nothing more than a cover of non-process information the most convenient kind of evidence without analyzing their gnoseological nature and essence. The authors argue that today the only possible way to solve the problem of using administrative results in proving is the legalization of the mechanisms of their direct, directly introduction into the criminal process without the need for any imaginary, illusory procedural formalities. The authors develop criteria for use in proving the results of administrative activities in criminal cases. These include: 1) potential non-reproducibility; 2) the possibility of verification and evaluation within the criminal process; 3) the existence of a legal regulation of administrative measures, which, in terms of legal guarantees, would not be inferior to the criminal procedural form. The authors also believe that the use of the results of administrative activities in the process of proving in a criminal case is possible only in conjunction with other evidence collected through investigative and judicial actions.