DEVELOPMENT OF INDIVIDUAL EUROPEAN INTEGRATION APPROACHES IN THE CONTEXT OF PROOF IN CRIMINAL AND OTHER TYPES OF JUDICIAL PROCEEDINGS

Abstract

In the context of the development of certain European integration processes is substantiated, that the international “concept of fruits of the poisonous tree” indicates the unprofessionalism and/ or corruption of judges, as well as violates the basic principles of law in terms of equal protection of the legal status of all participants in criminal proceedings without exception and the need to establish the objective truth in each case, since it is essential violation of the order of pre-trial investigation established by the Criminal Code of Ukraine, which can be considered as a basis for declaring certain information inadmissible as evidence in a specific case only when doubts arise (in the process of general assessment, including verification) regarding the reliability of information obtained in during pre-trial investigation and judicial investigation. The above and the results of the consideration by the European Court of Human Rights of the case “Pradi v. Germany” made it possible to reach the following conclusions: 1. The admissibility of evidence is actually not the basic legal property of such information, but actually the result of their general assessment, including through verification. 2. In itself, a formal violation of the procedure for obtaining evidence, provided for by a certain norm of the Criminal Procedure Code of Ukraine, should, in the absence of circumstances that exclude the fault of the person or the antisociality of the act, entail the legal responsibility of the guilty person only for the appropriate type and degree of severity. 3. Any violations of the procedure for obtaining evidence are not grounds for recognizing relevant information as inadmissible as evidence, if the committed violations did not lead to the loss of the appropriate level of quality of this information, its significance and/or reliability and/or good quality, the totality of which is agreed and sufficient for the formation of the main subject of criminal justice internal conviction in establishing with the help of a properly agreed and sufficient set of significant, reliable and good-quality evidence exactly the objective truth and the need to adopt a certain intermediate and, even more so, final procedural decision on the criminal case only on the basis of such truth case.