Theoretical and Legal Basis of Views on Evidence and Proof in V. D. Spasovich’s Works
This article analyzes the views of Spasovich on evidence and proof. Particular attention is paid to the fact that the truth in criminal proceedings related to the evidence of their gathering, research and evaluation. Justifying the need for reform of the theory of evidence proving that the current theory of formal proof should give way to the theory of free evaluation, which has become dominant in the West, Spasovich argued that such a reform is only possible if the entire justice system reforms. Judicial reform, implemented in 1864, resulted in the need to find new methods of detection, investigation and assessment of evidence, and as a result - the formation of forensics science. Spasovich anticipated the essence of judicial reform in Russia in 1864, the main achievement of which was the rejection of the evidence of formal theory, the manifestation of interest in the use of circumstantial evidence, methods of collection and evaluation.