Separate Types of Procedural Violations during the Inspection during the Investigation of the Illegal Takeover of Vehicles, which Leaded to the Recognition of the Evidence Inadmissible

Abstract

The purpose of the article is to study the verdicts of the unified state register of court decisions, analysis of materials of investigative practice, scientific and theoretical views of scientists, to study the issue of widespread procedural violations during the investigative (search) inspection actions during the investigation of illegal seizure of a vehicle, which led to determination of the evidence as inadmissible. The methodological basis of a scientific article is an integral and consistent system of methods, which made it possible to properly analyze the subject of research, in particular, scientific methods of analysis, synthesis, induction and deduction were used. The theoretical basis for this publication was the works of domestic scientists, regarding the criteria for establishing or not recognizing evidence as inadmissible. The scientific novelty of the publication lies in the systematic analysis of the most common procedural violations during the inspection during the investigation of vehicle thefts. On the basis of the analysis, the most frequent procedural violations of the norms and procedures were established, which were established by the Criminal Procedure Code of Ukraine during the investigative (search) actions of the inspection, which led to the recognition of the evidence as inadmissible. Conclusions. Studying the issue of the types of procedural violations committed during the investigative (search) inspection actions during the investigation of illegal seizure of a vehicle, which are determined by the court to be unacceptable, makes it possible to single out the most common of them that are characteristic of this investigative action. In order to avoid the establishment, by the court, of evidence inadmissible, it is advisable to focus on judicial practice considering the widespread procedural violations that are most often encountered during the relevant procedural actions. Compliance in full with the norms, instructions of the Criminal Procedure Code of Ukraine, the procedure for conducting, fixing the investigative (investigative) action of the inspection by a law enforcement officer is an extremely important circumstance for the further decision by the court of the issue of the admissibility of the evidence obtained.

Keywords: inadmissible evidence; investigative (search) review; inspection; order; norms; provisions; the Criminal Procedure Code; illegal seizure of a vehicle; investigation, procedural violations.