Actual problems of admissibility of evidence: issues of obtaining and use

Abstract

The article reveals the problematic issues of admissibility of evidence, as well as the types and criteria of admissibility defined in the provisions of the Criminal Code of Ukraine.
 Proposals for improving the conceptual apparatus regarding the considered issues and provisions of the current legislation have been put forward. The relevance of the publication is determined by the need to improve the process of proof in the field of criminal justice and the development of effective mechanisms for the investigation of criminal offenses.
 The purpose of preparing the article was to reveal the main provisions of the content of admissibility of evidence in the criminal justice system of Ukraine, as well as some relevant issues that are directly related to this. The prerequisites for the formation of the specified goal were the modern problems that arise during the pre-trial investigation in criminal proceedings.
 The author used general scientific and special methods of scientific knowledge. Thus, from the general scientific methods, in particular, the system-structural method, the method of functional analysis, from the special ones - formal- legal, logical-procedural methods, the method of comparative jurisprudence were used. The main legislative norms related to the topic of the publication have been analyzed.
 The publication proves that the requirements that determine the procedure for obtaining evidence in relation to the possibility of their further use are conventionally divided into those that have a negative or positive content. Such a classification makes it possible to predict the behavior of an investigator, prosecutor or judge in implementing the relevant provisions of the Criminal Code of Ukraine. It is also proven that in part 1 of Art. 86 of the Code of Criminal Procedure of Ukraine, it is advisable to establish the provision that the evidence is recognized as admissible if it is obtained in the manner established by the criminal procedural legislation of Ukraine, and not only the Code of Criminal Procedure. It is also noted that in Art. Art. 87 and 88 of the Criminal Procedure Code of Ukraine recognize certain conditions of inadmissibility of evidence related to a significant violation of human rights and freedoms and groundless use of evidence and information related to the identity of the suspect or accused. At the same time, any other violations of the provisions of the Criminal Code of Ukraine can be considered relatively inadmissible, if only because of the insignificant nature of the legal consequences that arise and the real possibility of their elimination.