Оцінка та використання доказів, отриманих під час надання міжнародної правової допомоги у кримінальному провадженні

Abstract

The author cites the main factors for reducing the effectiveness of international cooperation in the field of criminal justice. The totality of these factors makes it impossible to ensure that criminal proceedings are carried out within a reasonable time or in general, which necessitates a more detailed analysis of the criteria for the evaluation of evidence obtained in international legal assistance, which is the immediate purpose of this article. In the article discusses the main criteria for the evaluation of evidence in criminal proceedings. The specificity of the evaluation of evidence obtained during the provision of international legal assistance. Thus, studies criteria appropriate entities for the provision of international legal assistance (channels for the transmission of requests and the bodies responsible for decision-making on the request for provision of international legal assistance and direct their implementation); the legitimacy of sources of evidence; the procedure of obtaining evidence during the provision of international legal assistance. Focuses on the use of evidence obtained through non-traditional (reconnaissance activity, operational cooperation). There are arguments in favor of the fact that the domestic criminal process alternative of carrying out covert investigative (search) actions in the territory of another state without the use of the Institute for international legal assistance may be legislative regulation of the procedures for using intelligence information as evidence. One solution to this issue is the accumulation of the procedural mechanism of recognition in the framework of criminal proceedings as evidence of intelligence information received by results of carrying out such activities. The author concludes that the position that materials collected as a result of the operative cooperation of the competent authorities of different states (not in the order of legal assistance) cannot be used as evidence in criminal proceedings is not relevant in the light of current conditions and instruments.