Abstract
Objective: The aim of the article is to analyze the various legal and theoretical provisions related to the determination of legal content of the concept of finding evidence inadmissible due to substantial violation of human rights and freedoms. Method: The authors use general scientific and special methods that enable to obtain scientifically sound conclusions and proposals. In particular, scientific methods, such as dialectical, comparative-legal, system-structural, generalization and logical, are applied. Results: The problematic issues of the procedure for finding evidence inadmissible due to substantial violation of human rights and freedoms in the criminal proceedings of Ukraine are studied. Some essential violations in collecting evidence by the prosecution are under focus. The ECHR’s case-law with regard to procedure for finding evidence inadmissible is analyzed. The implementation of the doctrine of "fruit of the poisonous tree" and specificity of its application to direct and derivative evidence by domestic courts and the case law of the ECHR is considered. Conclusions: The authors argue that the investigator is required to comply with the procedure for investigative actions prescribed by the provisions of the CPC of Ukraine in order to ensure human rights and freedoms. The analysis of the application of provisions of the CPC of Ukraine and the ECHR’s case law regarding the issue raised enables to formulate sound conclusions.
Highlights
The updated provisions of the CPC of Ukraine have become a prerequisite for the improvement of the concept of protection of human rights and fundamental freedoms during the pre-trial investigation and trial
According to Article 62 of the Constitution of Ukraine and the official interpretation of the provisions of Part 3 of Article 62 of the CU, an accusation shall not be based on illegally obtained evidence, that is, with disrespect of constitutional rights and freedoms of man and citizen or of the procedure, means, sources of obtaining such evidence established by law
It should be under focus that a special role in ensuring human rights and freedoms during the pre-trial investigation is assigned to the prosecutor, who is authorized to monitor compliance with the law during the pre-trial investigation in the form of procedural guidance, and to the head of the pre-trial investigation body required, according to its missions, to remedy violations of law in the event that they are admitted by the investigator
Summary
The updated provisions of the CPC of Ukraine have become a prerequisite for the improvement of the concept of protection of human rights and fundamental freedoms during the pre-trial investigation and trial These changes concern the specificity of assessing evidence by court in terms of its admissibility, determining the grounds and procedure for finding evidence inadmissible, determining the list of acts considered substantial violations of human rights and fundamental freedoms during procedural actions of obtaining evidence. The relevance of the research topic is in the need for legal regulation of the criteria for assessing substantial violation of human rights and freedoms during the pre-trial investigation, guaranteed by the Constitution of Ukraine, laws of Ukraine and international treaties to which the Verkhovna Rada of Ukraine consented to be bound
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