IINADMISSIBILITY OF TESTIMONY IN CRIMINAL PROCEEDINGS

Abstract

Proving, as the core of the criminal process, must occur in strict accordance with the established procedure for collecting, verifying, and evaluating evidence and its sources. Since the evidence is information obtained in accordance with the procedure established by the Criminal Procedure Code of Ukraine. The legislator also provides a number of guarantees to protect and defend the rights of participants in the proceedings from violation, including preventing the use as evidence of information obtained without respecting these rights and freedoms. The content of the criminal procedural concept of «inadmissibility» has not been clarified by the legislator. However, it is obvious that it is opposed to the content of the concept of «admissibility of evidence». Summarizing Articles 86-87 of the CPC, it can be determined that any evidence is recognized as admissible if two general conditions are simultaneously met: 1) positive – it was obtained in compliance with the legal procedure; 2) negative – the evidence was formed without a significant violation of human rights and freedoms guaranteed by the Constitution, Laws and ratified international treaties of Ukraine. Violation of at least one of these conditions renders evidence inadmissible in criminal proceedings. The legal significance of establishing the inadmissibility of evidence can be considered as a criminal procedural sanction for participants in criminal proceedings, since information obtained in violation of the law and human rights cannot be used in the interests of a particular party as evidence when making procedural decisions. Also establishing the inadmissibility of evidence creates grounds for holding an official or other person found guilty legally liable for unlawful actions. The immediate subject of research within the framework of this publication was a set of conditions that influence the recognition of the testimony of individuals as an admissible source of evidence, as well as violations of the rule of law and human rights during interrogations, which lead to the inadmissibility of individuals’ testimonies, in accordance with international law, the current Code of Criminal Procedure, and judicial practice.. Gaps and conflicts were identified in the legal regulation of the recognition of evidence as inadmissible, as well as the conduct and recording of interrogations in criminal proceedings, reasoned proposals have been formulated to overcome them, as well as recommendations to law enforcement agencies.