Panova A. Recognition of evidence inadmissible in criminal proceedings.

The paper comprehensively investigates the institute of recognition of factual data inadmissible as evidence; found its immanent features, subject and functional value. It was established that the specifics of the legal institute is that it consists of norms, sanctions which by their legal nature are nullity sanctions. Grounds for recognition of factual data inadmissible as evidence are classified into groups which are analyzed in details: 1) unconditional; 2) conditional; 3) conditionally consensual. Procedure for recognition of factual data inadmissible as evidence is characterized, consisting of common and differentiated. Conclusion that the only subject competent to recognition of factual data inadmissible as evidence is the court that makes trial. Based on the analysis of judicial practice, legal positions of the ECHR and studied doctrinal approaches, proposals for improving the legislation of Ukraine in the part of the grounds and procedure for recognition of factual data inadmissible as evidence in criminal proceedings are grounded.