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
- EP ID EP671860
- DOI -
- Views 82
- Downloads 0
LEGAL REGULATION OF LABOR SELF-EMPLOYED PERSONS (IN THE EXAMPLE OF LAWYERS AND THEIR ASSISTORS)
The article deals with the theoretical study of the legal regulation of the work of self-employed persons by the example of lawyers and their assistants. The author argues that self-employed persons are not subjects of l...
THE INTERACTION OF INVESTIGATOR AND OPERATIONAL UNITS: THE TRANSFORMATION OF THE THEORY OF OPERATIVE-SEARCH ACTIVITY AND ITS ROLE IN THE INVESTIGATION OF CRIMES
In the article the peculiarities of the transformation of the operative-search theory in connection with the enactment of the Criminal Procedural Code of Ukraine 2012 and its influence on the determination of the directi...
TO THE QUESTION OF THE LEGAL NATURE OF THE CHANGE OR TERMINATION OF CONTRACTS IN MATERIAL CIRCUMSTANCES
The proposed article provides a scientific analysis, systematization, evaluation, development of priority areas of civil law in the field of contract law, namely the change or termination of the contract in connection wi...
INDEPENDENCE AND IRREMOVABILITY AS DISPOSITIVE PRINCIPLES OF PROSECUTOR’S ACTIVITY IN CRIMINAL PROCEEDINGS
In the article the provisions of criminal procedure law stating such dispositive principles of prosecutor’s activity in criminal proceedings as independence and irremovability are studied. The author has conducted analys...
PRIME ACTIVITIES IN THE UKRAINIAN LAW: A MODERN VIEW ON CLASSIFICATION DISTRIBUTION
In the article the author summarizes the scientific approaches devoted to the search for the most optimal classification model of compulsory measures of the branches of the public-legal bloc, separates and analyzes the m...