Inadmissibility of Evidence in Criminal Proceedings in Ukraine

Keywords: proving, collecting of evidence, inadmissible evidence, procedural form.

Abstract

The aim of the article is to analyze the problematic aspects of finding evidence inadmissible in criminal proceedings, as well as to formulate, according to the Criminal Procedure Code of Ukraine (CCP of Ukraine) and the case law of the European Court of Human Rights (ECHR), proposals for elimination of existing shortcomings on the issue raised.

In the article used 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, modelling, abstraction, generalization and logical, are applied.

The problematic issues of the procedure for finding evidence inadmissible in the criminal proceedings of Ukraine are studied. The significant violations and shortcomings in collecting evidence by the pre-trial investigation bodies are under focus. The authors clarify grounds for the inadmissibility of evidence and the types of inadmissible evidence. The analysis of investigative practice and case-law enables to conclude that a violation in taking one piece of evidence in criminal proceedings may lead to finding a number of other pieces of evidence inadmissible (the doctrine of the fruit of the poisonous tree). The authors argue that the court should be proactive in resolving the issue of inadmissibility of evidence either on its own motion or on the motion by parties to criminal proceedings. The utilization of the case law of the ECHR in national law application activities are analyzed from legal perspective. The study establishes that ratio decidendi of the ECHR with regard to finding evidence inadmissible is that the issue of its inadmissibility is subject to regulation at the level of national law. The assessment of inadmissibility of evidence is the responsibility of national courts, and the ECHR is obliged to ensure that the means of taking evidence are fair.

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Author Biographies

Alla Vasylivna Ponomarenko, State Research Institute of the Ministry of Internal Affairs of Ukraine

Candidate of Juridical Sciences, Senior Researcher, Leading Researcher in the Research Laboratory of Problems of Legal and Organizational Support for the Ministry Activities of State Research Institute of the Ministry of Internal Affairs of Ukraine.

Liudmyla Volodymyrivna Havryliuk, State Research Institute of the Ministry of Internal Affairs of Ukraine.

Candidate of Juridical Sciences, Senior Researcher at the Research Laboratory of Problems of Legal and Organizational Support for the Ministry Activities of the State Research Institute of the Ministry of Internal Affairs of Ukraine.

Anna-Mariia Yuriivna Anheleniuk, Department of Financial Investigations of the State Fiscal Service of Ukraine.

Candidate of Juridical Sciences, Associate Professor of the Department of Financial Investigations of the State Fiscal Service of Ukraine.

Valentyna Georgievna Drozd, State Research Institute of the Ministry of Internal Affairs of Ukraine.

Doctor of Law Sciences, Associate Professor, Senior Scientific Associate, Head of the 3d Department of Research Laboratory of Problems of Legal and Organizational Support of the Ministry Activities of the State Research Institute of the Ministry of Internal Affairs of Ukraine.

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Published
2020-05-18
How to Cite
Ponomarenko, A., Havryliuk, L., Anheleniuk, A.-M., & Drozd, V. (2020). Inadmissibility of Evidence in Criminal Proceedings in Ukraine. Amazonia Investiga, 9(29), 147-155. https://doi.org/10.34069/AI/2020.29.05.17
Section
Articles