Comparative analysis of the concepts of “proof” and “proving” in the criminal procedure codes of the Russian Federation and the Republic of Tajikistan: individual sources of evidence

This scientific article is devoted to the comparative analysis of the distinctive features in the concepts of “evidence”, “proving” and individual evidence in the Criminal Procedure Code of the Republic of Tajikistan and the Russian Federation. Based on the materials of judicial practice, the features of securing certain types of evidence are identified and conclusions are presented that are important for the scientific community. The purpose of this study is to identify the main differences in the definitions and understanding of these concepts in the criminal procedure legislation of these countries, as well as to analyze their impact on the process of proof in criminal cases. In particular, the researcher critically evaluates the breadth of the concept of “evidence” established in Russian legislation, which is essential for determining the exact list of sources of evidence, which makes it universal, but different from the norm established in the Criminal Procedure Code of the Republic of Tajikistan. The results obtained in the course of the study can be useful for further optimization of criminal procedure legislation and increasing the effectiveness of justice both in foreign legislation and in Russia in terms of maintaining a balance of private and public legal relations. For example, analysis of foreign experience allows us to identify the most effective mechanisms for protecting the rights of suspects and accused persons, as well as to optimize procedural deadlines and the procedure for proving. In addition, the data obtained can be used to develop new measures aimed at increasing access to justice and ensuring fair law enforcement.