Особенности установления допустимости доказательств, полученных на территории иностранного государства

Abstract

The article goes through the issues of legal support for the admissibility of evidence obtained within the territory of a foreign state. This issue is particularly topical in connection with rise in international crime. The need to improve the crime fighting requires updating of standards of work with evidence, specifically in evaluation of evidence obtained in a foreign state. Failure to comply with the relevant procedure and rules in request for legal assistance may cause further difficulties in providing of legal assistance and in the recognition of evidence as acceptable in the territory of the Russian Federation. The article proposes criteria how the proving subjects can accept evidence obtained within the territory of a foreign state as admissible. Ensuring the admissibility of evidence is premised on compliance with international treaties as well as observance of established procedures for the interaction between Russian and foreign law enforcement agencies and compliance with the law of a foreign state regarding the procedure for obtaining and enshrining evidence. The article explains why the legislation requirements of the place where the evidence was obtained, but not the country requesting the evidence, are of primary importance for establishing the admissibility of evidence obtained outside the Russian Federation. The admissibility of evidence is also ensured by compliance with the rules of the legal entity for obtaining evidence, the legal source of evidence, legal methods of obtaining and enshrining evidence.