COLLECTION AND FORMATION OF CRIMINAL EVIDENCE AS ELEMENTS OF THE PROVISION PROCESS: CONCEPT, CONTENT, CO-RELATION
The article shows the current state of the scientific discussion conducted on the pages of the legal press regarding the concept of the process of proof and its structure. The key terms in this context are analyzed: “collecting evidence” and “forming evidence”. Attention is drawn to the fact that they lie not only in the plane of choice of terminology that is adequate to the real process of generating evidence. To a greater extent, they relate to a correct understanding of the content of the activities of the subjects of evidence in terms of the formation of evidence, as well as the distinction between the preliminary (pre-trial) and judicial stages, where the law (Article 240 of the Code of Criminal Procedure) emphasizes the inconclusiveness of the investigative formation of evidence