ДОПУСТИМІСТЬ ДОКАЗІВ У КРИМІНАЛЬНОМУ ПРОЦЕСУАЛЬНОМУ ПРАВІ КРАЇН ЄВРОПЕЙСЬКОГО... СОЮЗУ ТА ЙОГО ВПЛИВ НА КРИМІНАЛЬНЕ СУДОЧИНСТВО УКРАЇНИ

Abstract

The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and legal systems that leave it to the discretion of the judge to assess the expediency of ignoring illegal evidence («free evidence systems»). Beyond this general distinction, evidence laws vary considerably among countries. As well as the rules of obtaining and admissibility of different types of evidence (witness testimony, interception of telephone conversations, etc.). Authors emphasize that with the increasing volume and importance of cross-border investigations in the European Union, ensuring the admissibility of evidence obtained in another Member State becomes crucial for both effective law enforcement and the protection of fundamental rights. National prosecuting authorities often investigate crimes in which part of the evidence is located abroad (a witness is abroad, the crime was committed by passing through a foreign territory, the offender crossed the border, or the crime was committed in a digital environment, etc.) In accordance with Article 6 of the European Convention on Human Rights (ECHR) and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, it is necessary to ensure that evidence obtained during cross-­border investigations does not lead to its illegal or unfair use. It is concluded that the implementation of international standards, the study of the judicial practice of the European Union and the results of the work of scientists will contribute to the updating of the criminal procedural legislation of Ukraine, but it is important to take into account the national peculiarities of criminal proceedings.