Ensuring by the prosecutor the admissibility of factual data in the order of providing international legal assistance

Abstract

The article examines the powers of the prosecutor to ensure the admissibility of factual data in the order of providing international legal assistance. These powers are characterized taking into account the general and additional criteria for the admissibility of evidence, which are collected in the order of providing international legal assistance. The issue of assessing the admissibility of actual data obtained as a result of the request by the requested state was considered.
 It is argued that ensuring the admissibility of factual data by the prosecutor in the procedure for providing international legal assistance (when the requesting state is Ukraine) consists in ensuring compliance with general and additional criteria for the admissibility of evidence in the process of preparing the request and after receiving a response to the request.
 In the process of preparing a request, these are: checking the authority of the subject of preparing the request; checking the content, form and attachments to the request; identification of the correctness of the definition in the request of the procedural actions that must be carried out within the limits of the request; approval of the request. After receiving a response to the request, it is: assessment of compliance with the international cooperation procedure; assessment of who is the competent authority for the execution of the request; assessment of whether the materials received from the requested state were prepared by an official of the competent body of the requesting party or the requested party and sealed with the seal of the competent body; assessment of the available possibilities of compliance with the procedure provided for by the legislation of the requested state; assessment of compliance with the principles of fair justice, human rights and fundamental freedoms, including international reports on the state of human rights in the requested state; checking whether the evidence is used in exactly the criminal proceedings to which the request relates, and if not, whether the requested party has agreed to the use of this evidence and to what extent.