Teacher of the Criminal procedure department
Kuban State University
Annotation: The traditional thesis is that criminal proceedings are based on evidence, the focus of which is the fact in proof. However, the current conditions of production dictate an urgent need to change the established concepts and expand the range of circumstances that are of orientation for criminal proceedings, as well as ways to establish them. The result of the study was the conclusion that it is necessary to change the scientific understanding of the fact in proof of its legislative optimization and the introduction of the category “fact in establishment”.
Keywords: fact in proof, fact in establishment, criminal proceedings, proof, circumstance, differentiation.