ПРОБЛЕМНІ ПИТАННЯ ДОПУСТИМОСТІ ДОКАЗІВ, ЯКІ СТАНОВЛЯТЬ ТАЄМНИЦЮ У КРИМІНАЛЬНОМУ... ПРОВАДЖЕННІ

Abstract

The article examines the problematic issues of the key features of the definition of evidence that constitutes a secret protected by law in criminal proceedings, admissibility, the determination of the empirical basis of the theoretical and legal regulation of certain categories of evidence and the criteria by which they can be considered admissible when making procedural decisions within the framework of criminal proceedings. It was revealed that there is no unified point of view among scientists regarding the essence of the categories of evidence and the admissibility of evidence that constitute a secret protected by law and must be subjected to a «special» investigation by all participants in criminal proceedings. At the same time, the adoption of legal and justified procedural decisions is possible only when they are based on verified and correctly assessed factual data obtained in accordance with and in the form specified by the Criminal Procedure Code of Ukraine. It has been proven that the admissibility of evidence is a procedural institution, the essence of which is violated in that the appropriate factual data must be obtained together with a source established by law, authorized for this subject of the criminal process and fixed in the manner specified in the criminal procedural law. It is noted that provisions regarding the admissibility of such categories of evidence as those that confirm a secret protected by law have existed in foreign legislation for many years and need to be implemented in domestic legislation. It is justified that the only subject to whose competence is subject the consideration of the completed issue of recognition of the admissibility of evidence should be the court that accepted the trial as part of the criminal proceedings. It is noted that the issue of admissibility of evidence requires further understanding, generalization of existing theoretical studies, development of scientific proposals for improvement of this institute in accordance with international standards.