Admissibility and non-admissibility of evidences: its effect on procedural decision-making process
Students Name: Beno Myroslava Ihorivna
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: part
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Beno M., Kantsir V. (supervisor). Admissibility and non-admissibility of evidences: its effect on procedural decision-making process. Lviv Polytechnic National University, Lviv, 2020. All criminal offenses to be investigated and considered are past events, so all information related to them is determined on the basis of evidence of criminal proceedings, which ensures the adoption of lawful and reasonable decisions in criminal cases. Progress in reforming the criminal justice system of Ukraine was the adoption of the Criminal Procedure Code of Ukraine, which changed the mechanism of criminal proceedings, implemented a number of new legal institutions, including: the chapter "Evidence and proof" the notion of admissibility of evidence is fixed. Therefore, it is important today to define the features of the mechanism of admissibility and inadmissibility of evidence, the shortcomings of its legal regulation in criminal proceedings - in the context of the context. Empirical ocnovu doclidzhennya cklaly Konctytutsiya Ukraine conference, PDAs Ukraine conference, the Supreme Cudu Ukraine conference (Cassation Criminal Court), the Supreme Cpetsializovanoho cudu Ukraine conference to review civil i kryminalnyh cprav, Poctanovy Supreme Cudu Ukraine conference, other normatyvno-pravovi akty, investigation, prosecution, litigation, certain international legal documents, the case law of the European Court of Human Rights, criminal procedural law of individual states, domestic and foreign scientific literature (in the field of criminal procedure, criminology), which examines the problems of legal regulation of issues outlined in the subject. The object of research is the procedural activity that exists in such a modern, effective institution - the admissibility (inadmissibility) of evidence. The subject of the research is the classification, grounds, procedure, procedural regulations on the recognition of evidence as admissible or inadmissible and the possible consequences of the impact of their results on the law of the participantЇїї [1]. The purpose of the documentation is a scientific analysis of the provisions of current criminal procedure legislation and doctrinal approaches to the position of recognizing the admissibility and inadmissibility of evidence and their impact on procedural decisions to develop theoretical provisions for the practical preparation of a detailed case [2]. This goal led to the establishment of the following tasks: 1) to examine the emergence, formation, development (genesis) of the institution of admissibility of evidence in the criminal proceedings of Ukraine; 2) determine the grounds and procedural conditions of admissibility and inadmissibility of evidence in criminal proceedings; 3) determine the criteria of admissibility and inadmissibility of evidence; 4) to analyze the grounds, conditions and procedural procedure for recognizing evidence as admissible and inadmissible under the criminal procedural legislation of certain foreign states; 5) outline the problems of assessing the admissibility of evidence during the trial; 6) to formulate proposals to the domestic criminal procedural legislation, to improve the procedural order of admissibility of admission. Research results. The manuscript contains a scientific analysis of the norms of the current criminal procedural legislation and doctrinal principles regarding the development and substantiation of the principles of theoretical and applied procedures, the connection and substantiation of the principles of theoretical, applied and applied nature. platform - making judicial decisions in the case [3]. Examination of the question of origin, formation, development (genesis) of the institute of admissibility of evidence in criminal proceedings of Ukraine; determination of grounds and procedural conditions of admissibility and inadmissibility of evidence in the proceedings; criteria of admissibility and inadmissibility of evidence; the grounds, conditions and procedural procedure for recognizing evidence as admissible and inadmissible under the criminal procedural legislation of certain foreign states are analyzed; the problems of assessing the admissibility of evidence during the trial are outlined; Proposals to the domestic criminal procedural legislation concerning perfection of regulation, the order of recognition of admissible (inadmissible) proofs are formulated [4 - 5]. Key words: criminal procedural evidence, admissibility of evidence, inadmissibility of evidence, criteria of admissibility of evidence, assessment of admissibility of evidence, procedural decisions. References 1. 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Krushinsky SA Presentation of evidence in the criminal justice of Ukraine: a monograph. Khmelnytsky: Khmelnytsky University of Management and Law, 2017. 247 p.