Criticism of the formal theory of evidence assessment in criminal proceedings: five main reproaches

The article analyzes the phenomenon of criticism of the formal theory of evaluating evidence in pre-revolutionary, Soviet and modern legal doctrine, manifested in the content of the works of individual researchers. The purpose of the scientific article is designated by the author as research and rehabilitation of the actual essence of the theory under consideration, contrary to established ideological patterns regarding the denial of its validity. To resolve the given goal, an analysis of various doctrinal sources and comparative approaches to assessing the evidence existing in the selected stages was carried out. The researcher states that, despite the primacy of the principle of free assessment of evidence enshrined in Article 17 of the Criminal Procedure Code of the Russian Federation in our legislation, it is possible to notice norms that relate us to the procedural technology of the formal theory of evidence assessment. The author has made an attempt to consider the procedural technology of evidentiary theory in the context of the rehabilitation of its procedural institutions. A general classification of the scientific argumentation of criticism addressed to individual provisions of the formal theory of evidence assessment is proposed. As conclusions, the author substantiates his position and proposes to neutrally consider alternative approaches to evaluating evidence that have emerged in view of the need to improve the criminal process in the era of revolutionary changes.