INDETERMINATE NATURE OF COURT DUTY TO COLLECT EVIDENCE AS FACTOR ENSURING ITS IMPLEMENTATION OF VEILED CRIMINAL PROSECUTION

The article is devoted to the issue of court duty to collect evidence in criminal proceedings independently. Based on the analysis of current legislation and points of view existing in legal literature the author comes to the conclusion that the nature of court duty is uncertain (hidden). Generalization of criminal case consideration practice leads him to the belief that there is causal relationship between the court latent duty to gather evidence and a simplified approach to the verification and evaluation of evidence at sentencing used by judges.