On the Question of the Interpretation and Correlation of Fictions in the Criminal Procedural and Forensic Aspects
The article is devoted to the study of the essence, signs and correlation of fictions in the criminal procedural and forensic aspects. The methodological basis of the study was the classical and modern general philosophical and legal developments of the indicated problem, the universal dialectical method of scientific knowledge, which is universal in nature, as well as the methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. The authors carried out a critical and analytical review of the classifications of legal fictions proposed by various scientists, the definitions of the concepts of «criminally relevant fiction», «forensic fiction», etc. As a result of the study, the authors come to the conclusion that the nature of criminal procedural and forensic fictions is different, however both of these constructs are united by their essence, which consists in the recognition of a deduction (phenomenon, event, etc.) that does not correspond to reality as existing, valid, real, as well as their criminal relevance. These phenomena are also consistent in the general rule for them, subject to strict observance: the use of both methods in no case should harm, limit the rights and freedoms of the individual.