A Special Status of the Judge's Decisions in Cases of Rendering Evidence as Inadmissible and Challenges of Reviewing their Legality and Validity

The paper examines one of the problematic issues concerning the grounds and procedure provided for recognizing evidence as inadmissible and excluding it from the procedure of proving in a criminal case, as well as the review of the legality and validity of the decisions made. The Criminal Procedure Code of the Russian Federation does not specify how evidence is recognized as inadmissible by the investigator, inquirer, or prosecutor. Part 3 of Article 88 of the Criminal Procedure Code does not provide a definitive answer to this question. The procedure for recognizing evidence as inadmissible and the procedural consequences of this decision are described more clearly for the stage of preliminary hearings. However, the procedure for reviewing and assessing such decisions for legality and validity is unsettled. For example, it is difficult to provide a clear answer in cases where a motion is filed in court to recognize evidence, previously deemed inadmissible in the preliminary hearing, as admissible, but the appellate instance leaves the judge’s decision unchanged. In this situation, the court considering the criminal case on its merits exceeds its authority. To resolve this and other contradictions, it is proposed to introduce rules that provide for the filing and consideration of motions to recognize evidence as inadmissible and exclude it from the evidentiary process no earlier than at the preparatory stage of the court session. However, the best option is a judicial inquiry immediately after the prosecution announces the order of evidence it intends to present. In light of this conclusion, it is proposed to make appropriate amendments and additions to the Criminal Procedure Code of the Russian Federation.