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INADMISSIBLE PROOFS IN CRIMINAL PROCEDURE: LAW ENFORCEMENT PROBLEMS

Annotation

In this article authors considered current problems of law enforcement of criminal procedure norms at recognition of proofs on criminal case inadmissible, considered a number of the features concerning assessment of admissibility of proofs, in particular, investigated the reasons, the bases and criteria of recognition of proofs inadmissible when carrying out investigative actions and also by consideration of criminal cases in court. Insufficient legal regulation of property of admissibility of proofs and also uncertain character of some provisions of the existing Code of Criminal Procedure of the Russian Federation concerning questions of admissibility of proofs entailed ambiguous understanding both processional scientists, and law enforcement officials. One of the main modern problems concerning property of admissibility of proofs should note that in the legislation there are no criteria of definition of the inadmissible proof, as served as a main objective to conduct this research. Within the specified article the author focused attention on a problem of use of the procedural mechanism on making decision on inadmissibility of proofs which will allow to provide uniform approach of law enforcement officials at the solution of a question of inadmissibility of proofs. As a result of the conducted research authors made attempt to meet theoretical lacks, having eliminated some collisions on the matter and came to a conclusion that need of unification of practical knowledge in the field of the right and also formations of the list of the essential violations of the law or the corresponding criteria conducting to categorical conclusions about inadmissibility of proofs ripened. Authors hope that results of this research will help to improve proof process and also to minimize the reasons causing inadmissibility of proofs.

Keywords

admissible and inadmissible proofs; check materials; investigative actions; expert opinion; research; assessment of the facts

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Pages

149-154

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