THE DUAL NATURE OF FREE EVALUATION OF EVIDENCE: AN ABSOLUTE PRINCIPLE AND ITS LIMITED IMPLEMENTATION IN INVESTIGATIVE PRACTICE

Abstract

The article provides a comprehensive analysis of one of the central principles of criminal procedure – the free evaluation of evidence. The authors examine in detail the deep-seated antinomy inherent in this legal phenomenon: on the one hand, the principle provides the investigator with the necessary scope for professional discretion based on inner conviction; on the other hand, this discretion is strictly limited by a system of legal, institutional, and ethical frameworks that form the “contours of legality.” The paper consistently reveals the theoretical essence of the principle, draws comparative legal distinctions in its application at the pre-trial and judicial stages, and systematizes a set of problematic aspects arising in investigative practice. Special attention is paid to contemporary challenges: the impact of digital technologies is critically examined, including the fundamental incompatibility of attempts to algorithmize evaluation with the nature of inner conviction; psychological factors such as cognitive biases and professional deformation (“tunnel vision”) are analyzed; the role of multi-level procedural control (prosecutorial supervision, judicial instances) as an external filter correcting subjectivism is assessed. The authors substantiate the thesis of the dualistic nature of the principle under study, which, being an absolute methodological imperative for understanding the circumstances of the case, is implemented within a strictly delineated legal field designed to guarantee the legality, validity, and fairness of all procedural decisions taken.