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

Related Articles

AUSTRIAN PARLIAMENTARY DEVELOPMENT AND PECULIARITIES OF ITS IMPLEMENTATION IN A GALICIAN

The article describes the prerequisites and the main stages of establishing the constitutional system in the Habsburg Empire, especially the part that regulated the organization and activities of representative bodies in...

JOINT INVESTIGATION TEAMS AS AN EFFECTIVE INSTRUMENT OF COUNTERACTION TO CROSS-BORDER CRIME

The article presents the results of the research investigation teams in investigating сross-border crimes, it refers to: the current state and prospects of legal regulation of the institution of joint (international) inv...

ESSENCE AND STRUCTURE OF ADMINISTRATIVE AND LEGAL MECHANISM FOR THE PROVISION OF FINANCIAL AND ECONOMIC SECURITY OF UKRAINE

The article is devoted to the clarification of the essence and structure of the administrative and legal mechanism of providing financial and economic security of Ukraine. It is noted that in connection with the constant...

THE UNDERSTANDING OF THE PENALTY IN THE ANTIC GREECE LEGAL THOUGHT

The article shows the understanding of penalty in Ancient Greece on the basis of antic philosophers’ works, law memorandums, history and legal science insights. It is shown that penalty had sacral character and antic phi...

FUNCTIONS AND VALUE OF INSTITUTE OF SETTLEMENT OF CIVIL DISPUTE WITH PARTICIPATION A JUDGE

The article is sanctified to opening of functions and value of institute of settlement of civil dispute with participation a judge as an independent judicial institute. It is well-proven that functions it is been: functi...

Download PDF file
  • EP ID EP671860
  • DOI -
  • Views 83
  • Downloads 0

How To Cite

Oleksandr PANASIUK (2018). 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. Jurnalul juridic naţional: teorie şi practică, 1(5), 198-202. https://europub.co.uk/articles/-A-671860