ОПЫТ ЗАРУБЕЖНЫХ СТРАН ПО РЕАЛИЗАЦИИ ТРЕБОВАНИЙ ДОПУСТИМОСТИ ДОКАЗАТЕЛЬСТВ ПРИ ПРОИЗВОДСТВЕ ПО УГОЛОВНЫМ ДЕЛАМ

Abstract

This article provides general features of the legislation of common law countries (Great Britain and the United States) as well as civil law countries, in regulating the issue of admissibility of evidence, specifies the definition of admissibility of evidence, their properties, and also describes in detail the categories of inadmissible evidence with a simultaneous comparison with the requirements of the legislation of the Republic of Uzbekistan. Besides, an analysis of the criteria for the inadmissibility of evidence of these countries was carried out, as well as a comparative analysis of the aspects of the inadmissibility of evidence with the disclosure of values, interpretation of the features of applying in the named government, with a simultaneous comparison of the criteria for the inadmissibility of evidence of national legislation, including those recent innovations established to criminal procedure legislation. Moreover, the article provides the positive and negative aspects in the field of admissibility of evidence of each system of law, legal scholars` points of view regarding this issue. The article substantiates the existence of an objective and logical connection between the establishment of high requirements for the admission of evidence and the achievement of the truth in a criminal case, which is characterized as inversely proportional. In the conclusion of the article, the author’s understanding of the meaning of the admissibility of evidence is formulated, with the formulation of the relationship of the system with the goals of the criminal process and the implementation of the rights of participants.