Issues of improving the admissibility of evidence in criminal proceedings

Аннотация

This article analyzes the admissibility of evidence in criminal proceedings. The norms of the Criminal Procedure Code of the Republic of Uzbekistan on the admissibility of evidence are analyzed. Based on the results of the analysis and research, the author’s substantiated proposals and recommendations were elaborated. Keywords: Crime, evidence, admissibility, evidence collection, examining evidence, evaluating evidence, proving. justifying the conclusion that Introduction: The issue of improving the admissibility of evidence in criminal proceedings is directly related “a significant violation affecting the outcome of the to improving the sources of regulatory legislation that case” covers the following three forms: determine when this evidence is considered a significant violation of the criminal procedure law; admissible, and simultaneously with the development a significant violation of the criminal law; of proposals and recommendations aimed at eliminating the violations committed. of the law, a significant violation of the substantive law on civil committed by subjects of proof in the practice of consequences arising from the committed act. judicial investigation. During the collection and Although this opinion of N.V. Kostovskaya is not examination of evidence in criminal proceedings, erroneous, one should not forget that it has a general persons authorized to do so may make various meaning, and in particular, a significant violation of the mistakes and shortcomings. criminal procedure law covers the entire process. V.S. Balakshin rightly noted that any violation of the In addition, it should be noted that the inclusion of a criminal procedure law cannot be grounds for significant violation of the requirements of the criminal recognizing evidence as inadmissible. The grounds for law and substantive law on civil consequences in the recognizing evidence as inadmissible should be, firstly, number of violations leading to the recognition of violations committed during the collection of evidence, evidence as inadmissible is somewhat beyond the and secondly, violations that cause insurmountable scope of the subject of criminal procedure science. doubts about the reliability and (or) relativity of It should be noted that although N.V. Kostovskaya evidence from information or the presumption arising developed this proposal taking into account the from them during the study and assessment of the specifics of Russian criminal procedure legislation, it is totality of evidence. noteworthy that she also separately classified a Such violations that make evidence inadmissible have material violation of the criminal law, and in this case, been studied by a number of experts in this field, who in our criminal procedure legislation, it can be noted have tried to develop various classifications of these that such provisions are taken into account (Article 88 violations. of the CPC). In particular, N.V. Kostovskaya divided violations Unlike N.V. Kostovskaya, I.V. Abrosimov proposes to leading to the recognition of evidence as inadmissible classify violations that determine the inadmissibility of into violations that do not affect the outcome of the evidence as follows: the timing of the investigative case and those that affect the outcome of the case, action, its appointment and conduct in accordance with International Journal of Law And Criminology 23 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) the procedural procedure; its composition of a) unconditionally recognized, that is, without participants; violation of the requirements of the additional conditions, which criminal procedure law regulating the procedure for leads to recognizing the evidence as inadmissible; collecting, securing and examining evidence. These b) conditionally evaluative, that is, even if they have a violations can be general for all investigative actions conditionally consistent connection with the reliability and specific for individual investigative actions, as well of the evidence, in themselves they do not cause as correctable and incorrigible, specific and ambiguous. doubts in the subjects of the assessment about the One can partially agree with the proposal of I.V. inadmissibility of the evidence or its reliability or Abrosimov on violations of the law that entail the relativity, as well as violations that can conclude about inadmissibility of evidence, this classification is more the admissibility of evidence only on the basis of the related to the violation of the requirements of the results of the study and assessment of these doubts. criminal procedure law, which regulates the procedure One can fully agree with the classification of V.S. for collecting, securing and verifying evidence during Balakshin violations of the criminal procedure law, the trial. preparation for the production of investigative which are the basis for recognizing evidence as actions and their implementatio