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Admissibility of Evidence Obtained in Violation of the Law

Student: Efimova Irina

Supervisor: Mikhail Y. Novik-Kachan

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

The main norm governing the inadmissibility of evidence in the Russian Federation obtained in violation of the law is Part 2 of Article 50 of the Constitution of the Russian Federation (hereinafter referred to as the Constitution). According to this article, “... In the administration of justice, the use of evidence obtained in violation of federal law is not permitted ...”. The current criminal procedure legislation does not provide specific grounds for the recognition of evidence obtained in violation of the law as unacceptable. Consequently, in the absence of specific criteria for the recognition of evidence as inadmissible, the possibility of evaluating the evidence from the point of view of its materiality and admissibility, by which it is possible to exclude it on certain grounds and minimizes the possibility of protecting their interests and the rights of citizens who have suffered from a crime, disappears. The relevance of this topic is generated due to the huge connection between evidence and the exercise of the rights and freedoms of the individual citizens.

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