Regarding the implementation of certain concepts of inadmissibility of evidence in domestic criminal procedural legislation and judicial practice

The article analyzes separate concepts developed in criminal procedural science of the possible recognition of certain information as inadmissible for evidence (using the terminology of the current law - the concept of recognition of evidence as inadmissible), which found their implementation in domestic criminal procedural legislation and court practice. All concepts of inadmissibility of evidence are classified into two groups: – the first includes those in which a categorical (unequivocal) approach to solving the issue is used (the concept of "merciless exclusion of evidence" or "tea and ink"), the second includes those in which use a differentiated approach to the consequences of violations of the criminal procedural law (all other concepts). The opinion expressed is that those who use a differentiated approach to the consequences of violations of the criminal procedural law when forming the evidentiary basis of the legal position of the subject of proof (when collecting evidence) have the right to exist, further theoretical development and practical implementation. The essence of certain concepts, which have found their legislative regulation and practical implementation, is revealed, in particular: "essences of violation of the criminal procedural law", "fruits of the poisoned tree", "asymmetry of the rules of admissibility of evidence", "bad faith mistake", "broken mirror". The norms of the Criminal Procedure Code of Ukraine, which regulate these concepts, as well as a number of decisions of the Supreme Court, in which they found their implementation (even in cases where there is no direct normative regulation), are analyzed. This state of affairs regarding the legislative and enforcement implementation of the specified concepts is generally assessed as a positive phenomenon, which in turn contributes to increasing the effectiveness of criminal proceedings, the fulfillment of its goals and objectives, the proper implementation of criminal procedural evidence, ensuring the rights and interests of participants in criminal proceedings, the principle of equality of parties before the law and the court and the presumption of innocence. The materials of the article represent both theoretical and practical value. They can be used for further scientific research into the essence of concepts of inadmissibility of evidence in criminal proceedings, as well as for proper understanding and implementation of law enforcement criminal procedural activities.

criminal proceedings, criminal procedural evidence, evidence, admissibility of evidence, concepts of inadmissibility, concept of "substantial violation of the criminal procedural law", concept of "fruits of the poisoned tree", concept of "asymmetry of the rules of admissibility of evidence", concept of "bad faith mistake", concept of " broken mirror"