Grounds for Recognizing Evidence Inadmissible in Criminal Proceedings
Abstract
The article is devoted to analyz the theoretical and legal consolidation of inadmissibility of evidence based on certain features. Much attention is given to Characterized the main grounds for recognizing an inadmissible evidence. It is stated that in the theory of criminal process, there are several approaches to such a classification, which necessitates their research in order to form the idea of the volume and instead of the institution of the inadmissibility of evidence. The systematization of the grounds for the recognition of inadmissible evidence will cover the entire set of rules on the inadmissibility of evidence.
The Criminal Procedure Code establishes the notion of inadmissibility of evidence, which emphasizes that the main reason for the admission of evidence to be inadmissible is a significant violation of human rights and freedoms guaranteed by the Constitution and laws of Ukraine, international treaties, the consent to be bound by which is provided by the Verkhovna Rada of Ukraine, as well as any other evidence obtained through information obtained as a result of a substantial violation of human rights and freedoms. The article deals with approaches to the classification of grounds for the recognition of evidence inadmissible in the theory of criminal process. The existing classifications and systematized grounds for the recognition of evidence are inadmissible under the subjects of proof; by the stages of criminal proceedings; by procedural sources; the legal consequences of the recognition of evidence are inadmissible.
The rules of admissibility (inadmissibility) of evidence are not systematized in the CPC of Ukraine. The list of grounds for admitting evidence is inadmissible as indicative, since it does not take into account such grounds for the recognition of evidence as inadmissible as an inappropriate subject of evidence, violation of the procedural form, etc.
All criminal procedural activities are in some way combined with the evidence of criminal activity of the subjects of criminal proceedings. Formalism in identifying the grounds for the inadmissibility of information facilitates enforcement and ultimately contributes to the achievement of the objectives of criminal proceedings.
Downloads
Abstract views: 185 PDF Downloads: 1748
Copyright (c) 2018 Law Magazine of the National Academy of Internal Affairs
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
