Some Problems of Assessing the Admissibility and Reliability of Evidence in Criminal Cases
( Pp. 131-136)
More about authors
Eduard A. Vinokurov
I.D. Putilin Law Institute of the Ministry of Internal Affairs of Russia
Belgorod, Russian Federation Belgorod State National Research University, Belgorod, Russian Federation Yuri A. Kovtun
I.D. Putilin Law Institute of the Ministry of Internal Affairs of Russia
Belgorod, Russian Federation Belgorod State National Research University, Belgorod, Russian Federation Yuri A. Kovtun
Abstract:
Abstract: The purpose of the study. The article discusses the problems of evaluating evidence according to the criteria of admissibility and reliability. Modern law enforcement practice devoted to practical problems of evidence assessment is analyzed. The analysis of the formed judicial practice of recognizing as admissible evidence, evidence obtained in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, in view of minor violations of the procedure established by criminal procedure legislation for their collection and consolidation by the investigator (inquirer). The position is justified that the proof cannot be reliable in part or in part, it is impossible to characterize the proof as probable or reliable in one part or another, to a certain extent.
Conclusions. As a result of the conducted research, the authors conclude that "admissibility" and "reliability" as properties of evidence should be considered in close relationship with each other, since these concepts together make it possible to give a full assessment of the circumstances to be proved in a criminal case. Admissibility as a formal legal property and reliability as a substantive property give information that is considered in the course of a criminal case the possibility of their use as evidence in making procedural decisions. Information of evidentiary value must be obtained in accordance with the procedural procedure for the production of investigative and other procedural actions, any violations of the requirements of the criminal procedure legislation regarding the procedure for collecting and securing evidence should lead to the recognition of evidence as inadmissible.
Conclusions. As a result of the conducted research, the authors conclude that "admissibility" and "reliability" as properties of evidence should be considered in close relationship with each other, since these concepts together make it possible to give a full assessment of the circumstances to be proved in a criminal case. Admissibility as a formal legal property and reliability as a substantive property give information that is considered in the course of a criminal case the possibility of their use as evidence in making procedural decisions. Information of evidentiary value must be obtained in accordance with the procedural procedure for the production of investigative and other procedural actions, any violations of the requirements of the criminal procedure legislation regarding the procedure for collecting and securing evidence should lead to the recognition of evidence as inadmissible.
How to Cite:
Vinokurov E.A., Kovtun Yu.A. Some Problems of Assessing the Admissibility and Reliability of Evidence in Criminal Cases // Gaps in Russian Legislation. 2024. Vol. 17. №1. Pp. 131-136. (in Russ.). EDN: OEAWYH
Reference list:
Voskoboinik I.O. Some aspects of the property of admissibility of evidence in criminal cases/I.O. Voskoboinik//Russian-Asian legal journal. - Barnaul, 2021. – №1. - P.8-11.
Iovin A.A. To the question of the concept and content of the admissibility of evidence /A.A. Iovin// Achievements of science and education. - Krasnodar, 2021. – №7(79). - P.42-43.
Kapustina L.K. Ratio of admissibility and reliability of evidence in criminal proceedings/L.K. Kapustina//Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. - Kazan, 2019. – №3(37). - P.386-390.
Kornakova S.V. To the discussion on the properties of relatability, admissibility and reliability of criminal procedural evidence/S.V. Kornakova//Russian law. - Irkutsk, 2021. – №9(178). – Pp.67-76.
Lebedev N.Yu., Stepanov S.A. Reliability and sufficiency of evidence in criminal proceedings: the concept, meaning and problems of establishment / N.Yu. Lebedev, S.A. Stepanov // Law and law. Novosibirsk, 2022. – №.4. – P.146-150.
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Iovin A.A. To the question of the concept and content of the admissibility of evidence /A.A. Iovin// Achievements of science and education. - Krasnodar, 2021. – №7(79). - P.42-43.
Kapustina L.K. Ratio of admissibility and reliability of evidence in criminal proceedings/L.K. Kapustina//Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. - Kazan, 2019. – №3(37). - P.386-390.
Kornakova S.V. To the discussion on the properties of relatability, admissibility and reliability of criminal procedural evidence/S.V. Kornakova//Russian law. - Irkutsk, 2021. – №9(178). – Pp.67-76.
Lebedev N.Yu., Stepanov S.A. Reliability and sufficiency of evidence in criminal proceedings: the concept, meaning and problems of establishment / N.Yu. Lebedev, S.A. Stepanov // Law and law. Novosibirsk, 2022. – №.4. – P.146-150.
Ovsyannikov I.V. The problem of reliability of evidence in the evidentiary law of Russia / I.V. Ovsyannikov // Modern law. – 2004 – №. 7. – P. 35-41
Ovsyannikov I.V. Problema dostovernosti dokazatel stv v dokazatel stvennom prave Rossii / I.V. Ovsyannikov // Sovremennoe pravo. 2004 № 7. S. 35-41.
Keywords:
properties of evidence, admissibility of evidence, criteria for the admissibility of evidence, reliability of evidence..
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