Tiutiunnyk V. Institute of evidences' admissibility as a guarantee to adoption of lawful and reasonable court decision.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000970

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

13-04-2016

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The dissertation is dedicated to the research of theoretical and regulatory bases for the institute of admissibility of evidences in criminal proceedings. The author has formulated the definition of "admissibility of evidences", "the institute of admissibility of evidences". The system of criteria for the admissibility of evidences has been proposed. The significance of the institute of evidences' admissibility in making a lawful and reasonable decision has been found out. The conditions which the European Court of Human Rights and national courts refer to the inadmissibility of collected evidence, as well as the procedure for claiming evidence inadmissible at trial have been analyzed. Based on the conducted research and the analysis of enforcement practices the deficiencies of the admissibility of evidence institute and the procedure of claiming evidence inadmissible have been stated. The scientifically based proposals, aimed at improving the current criminal procedural legislation have been formulated.

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