Implementation of the Constitutional Ban on the Use of Evidence Obtained in Violation of the Law in Russian Criminal Proceedings

THIS PAPER IS DEVOTED TO THE STUDY OF ONE OF THE MOST IMPORTANT CRIMINAL-PROCEDURAL INSTITUTES, NAMELY THE CONSTITUTIONAL PROHIBITION TO USE EVIDENCE OBTAINED IN VIOLATION OF THE LAW (PART 2 ARTICLE 50 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION). THE PROHIBITION MENTIONED ABOVE IS REFERRED TO IN THE SCIENCE OF CRIMINAL PROCEEDINGS AS A ADMISSIBILITY OF EVIDENCE AND WAS INTRODUCED INTO THE RUSSIAN LEGISLATION ONLY AT THE BEGINNING OF 90S OF THE XX CENTURY, WHICH BECAME THE MOST IMPORTANT GUARANTEE OF THE HUMAN RIGHTS PROTECTION DURING INVESTIGATIVE ACTIONS IN OUR COUNTRY. HOWEVER, THE LACK OF CLEAR CRITERIA AND PROCEDURES FOR THE ADMISSION OF A PARTICULAR PIECE OF EVIDENCE MAKES THIS STUDY THE GOAL OF THE PRESENT STUDY. TO ACHIEVE THIS GOAL THE APPROACHES OF VARIOUS SCIENTISTS TO THE GROUNDS OF INADMISSIBILITY WERE ANALYZED, THE EXPERIENCE OF FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS REGARDING ON THIS ISSUE WAS EXAMINED, THE CRITERION OF INADMISSIBILITY WAS CONSIDERED. THE AUTHOR CAME TO THE CONCLUSION THAT THE URGENT NEED FOR A MORE DETAILED REGULATION OF THIS PROCEDURAL INSTITUTE, TAKING INTO ACCOUNT THE CONTENT OF EVIDENCE.