EVALUATION BY COURT OF FIRST INSTANCE OF THE ADMISSIBILITY OF EVIDENCES OBTAINED AS A RESULT OF A SEARCH: SOME PROBLEM ISSUES OF THEORY AND PRACTICE
Journal Title: Jurnalul juridic naţional: teorie şi practică - Year 2018, Vol 1, Issue 5
Abstract
The problem issues of evaluation of evidences obtained as a result of a search are analyzed in the paper. There may be reasonable doubts about admissibility of those evidences in court of first instance, sometimes pro forma. This situation of legislative uncertainty caused by problems generated after reforming the procedural form of conducting this investigative (search) action, in particular, procedure of court hearing fixation during giving authorization for search by investigative judge; and law requirements for grounds of the search, as well as motivating and grounding of investigative judge’s decision that sanctions to carry out the search. Legislative wording incorrectness and inexpediency of implementation of some legislative requirements for the search grounds are demonstrated by author.
Authors and Affiliations
Oleksandr PANASIUK
Keywords
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- EP ID EP671860
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