FAILURE TO ESTABLISH THE PRINCIPLES OF CRIMINAL PROCEEDINGS AS GROUNDS FOR DECLARING EVIDENCE INADMISSIBLE

Abstract

The article considers the issue of determining the content of the principles of criminal proceedings.Particular attention is paid to the issue of inadmissibility of evidence due to noncompliance with the principles of criminal proceedings. It is substantiated that the principles of criminal procedure are the most general, legal provisions that determine the form and content of criminal procedural evidence and are fundamental to the implementation of the stages of criminal proceedings. The inadmissibility of evidence is due to the violation of such principles as the rule of law, respect for human dignity, ensuring the right to protection, inviolability of property rights and others. The significance of the violation is an evaluation category, which is determined in each case separately. It is this uncertainty that leads to a large number of abuses, both on the part of the prosecution and the courts. The admissibility of evidence is closely linked to both the right to a fair trial and the presumption of innocence. The general rule is that evidence obtained improperly or illegally cannot be taken into account in court proceedings. It should be assumed that the assessment of specific evidence in terms of admissibility or inadmissibility is decided in each case separately. It should be noted that the assessment of the admissibility of evidence in court proceedings plays a major role in resolving criminal proceedings on the merits and is a prerequisite for a lawful, reasonable and reasoned court decision. It is concluded that the only entity that has jurisdiction to decide whether such facts are inadmissible should be the court that conducts the criminal proceedings.