PROBLEMS OF INSTITUTIONALIZATION OF INADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCEDURE OF UKRAINE

Abstract

Introduction. The problems of evidence in criminal procedure have been occupying the minds of researchers for many years now, and in fact, the intensification of scientific research in this area of knowledge began immediately with the establishment of the science of criminal procedure itself and the appearance of the first scientific works. Nevertheless, many problems remain unresolved, and this statement fully applies to the problem of institutionalization of inadmissibility of evidence in criminal procedure.

Summary of the main results of the study. The article examines modern scientific approaches to the institutionalization of inadmissibility of evidence in criminal proceedings from the perspective of the general theoretical provisions of law systematization. The author identifies the gaps in the existing research on solving this problem in the works of modern scholars. The author criticizes the well-known scientific approaches to the institutionalization of inadmissibility of evidence in criminal procedure. The author formulates the author's position on the place of a set of procedural rules governing social relations regulating the grounds, procedure and consequences of inadmissibility of evidence.

Conclusions. The author supports the scientific position that criminal procedural evidence is a sub-branch of criminal procedure and its constituent institutions, the rules of which regulate certain elements of evidence, including the admissibility of evidence. The author outlines the expediency of considering the legal provisions which regulate the issue of inadmissibility of evidence as a component of the institute of admissibility of evidence in criminal procedure, which in turn are components of the law of evidence in criminal procedure.