A modern view on the grounds for recognizing evidence as inadmissible in criminal proceedings in ukraine

Abstract

The article highlights the results of a scientific study of modern approaches to determining the grounds for recognizing evidence as inadmissible in the criminal process of Ukraine. The positions of domestic scientists on the specified subject of research are analyzed. Based on the results of their critical assessment, an own approach to determining the range of criteria for inadmissibility of evidence is formulated. The work also pays attention to the problem of materiality and insubstantiality of violations of criminal procedural form and their impact on recognizing evidence as inadmissible in their inextricable connection with the concept of obvious and non-obvious inadmissibility of evidence. In particular, obviously inadmissible evidence should primarily include those factual data whose inadmissibility is directly defined by law, where these are those violations that are directly provided for by the CPC of Ukraine. It is proved that the materiality of a violation of criminal procedural form is directly defined by the legislator, in connection with which the court does not need to investigate the materiality or insubstantiality of such a violation, since the status of such violations is presumed by the legislator. All other possible violations that are not presumed by the legislator should be the subject of judicial investigation regarding their inadmissibility. It is indicated that the right of the court, in the event of establishing the obvious inadmissibility of evidence, to stop its examination in the court session or not to examine it at all, is an important guarantee of the use of admissible evidence in the criminal process of Ukraine. It is noted that the legislative construction of the presumption of the materiality of violations of the criminal procedural form, which gives rise to the obvious inadmissibility of evidence, is laid down.