North Caucasus Legal Vestnik

Abstract

IntroductionIntroduction. The article analyzes modern approaches to assessing the admissibility of evidence in criminal proceedings in the context of compliance with the principles of criminal procedure and the criteria of admissibility formulated in the science of criminal procedure. According to the author of the study, the current situation related to legislative regulation does not seem to be quite perfect and requires changes in terms of determining the criteria for admissibility and other characteristics.PurposePurpose. The study of the issues of the admissibility of evidence in relation to the observance of certain principles of the criminal process and the justification of the legislative regulation of the inclusion of rules for verifying the admissibility of evidence in the current criminal procedure legislation.Materials and methodsMaterials and methods. The research used empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods: systematic, grammatical and logical interpretation. Special legal methods: formal legal. The theoretical basis of the research was the works of Russian procedural scientists, as well as the results of the study and analysis of investigative and judicial practice materials.ResultsResults. The lack of uniformity in the understanding of key principles of the criminal process, such as the right to defense and the language of the proceedings, influencing the decision on the admissibility of the testimony of the accused, has been established. The necessity of legislative regulation of the rules for verifying the admissibility of evidence in the criminal procedure law is formulated.ConclusionsConclusions. Current law enforcement practice requires additional interpretation of the essence of the principles of the right to defense and the participation of an interpreter, including when deciding whether the testimony of the accused is acceptable as evidence. Also, the need for legislative inclusion in the criminal procedure legislation of the rules for verifying the admissibility of evidence is substantiated and an appropriate wording is proposed.