Допустимість доказів у кримінальному процесі / Admissibility of Evidence in Criminal Procedure
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article deals with legal fixation of admissibility of evidence in Criminal Procedure Code of Ukraine. The main concept of admissibility of evidence which exist in the theory of criminal procedure have been researched into. Particularly, their main advantages and disadvantages, reasonability of regulation and implementation in national legislation have been analyzed. There is no single view on the essence of admissibility of evidence, reasons for withdrawal of evidence from criminal procedure etc. According to the Criminal Procedure Code of Ukraine evidence is admissible if it is obtained in accordance of the procedure provided for by this Code. Inadmissible evidence cannot be used when importance decisions are taken and the court cannot refer to it. Taking into account international experience, Ukrainian legislation provides for inadmissible evidence if they were obtained with violation of human rights and freedoms. Such violations can be taking procedural actions after obtaining the court’s permission without such a permission or with violation of its essential terms; obtaining of evidence as a result of tortures, violent, inhuman or degrading treatment or threat of such kind of a treatment; violation of the right to defense etc. The theory of admissibility of evidence should be analyzed taking into account international experience. Legal regulation of the concept of admissibility of evidence is an important factor for improvement of the effectiveness of criminal procedure, fulfillment of tasks of criminal proceedings and as a result it should be analyzed and improved. This issue has both theoretical and practical meaning. In the authors’ opinion, the concept “misbalance of rules for admissibility of evidence” does not need regulation in national legislation because it contradicts the adversarial principle of criminal procedure. As for the concept “fruits of a poisoned tree” in its narrow understanding, its introduction to the criminal procedure legislation is reasonable and contributes to the protection of human rights which is proved by international experience in the sphere of criminal proceeding.
Authors and Affiliations
Yuliia Lantsedova, Olena Khomchenko, Olha Buzun
Keywords
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