Abstract
This article is examined the problem of usage in criminal cases provident the results of operative search activity (OSA). Based on analysis of the ruling in the theory and practice of representation, according to which the results of the OSA may be the content of the evidence shows the methodological inconsistency of this view, the fallacy driven by its base arguments, and draws attention the negative consequences that may result from the implementation of this view in practice. Also, the idea of forming the basis of the evidence in the OSA substantiates in this article.
Keywords
the results of the OSA, evidence, proof, proving, forming of evidence based on the OSA results
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