Application of Article 90 of the Russian Code of Criminal Procedure at the Present Stage
Application of Article 90 of the Code of Criminal Procedure «Prejudice» raises a number of diffiulties in practice, which are due to changes introduced by the Federal Law of 29.12.2009. Since that time, the so-called incontrovertible, intersectoral prejudice operates in domestic criminal proceedings. It obliges the law enforcement offiial to recognize the circumstances established by the court’s decision made in the framework of civil, arbitration, administrative or criminal proceedings. This allows unscrupulous participants in criminal proceedings, using differences in proving in criminal and civil cases, to obtain court decisions in the civil litigation procedure and with their help to inflence the proceedings in a criminal case. This problem is discussed by the author. Article 90 of the Code of Criminal Procedure was the subject of consideration of the Constitutional Court of the Russian Federation. In its decision, the Court suggested using a sequence of actions in case a judgment is based on false evidence. At the same time, there are a number of obstacles that make it diffiult to implement the rulings formulated by the Court. The analysis of judicial practice carried out in the article allows the author to conclude that the courts mainly use intra-branch prejudice. This is due to the fact that it corresponds to both the type of modern domestic legal proceedings and to the provisions of evidentiary right