PECULIARITIES OF DECLARING EVIDENCE INADMISSIBLE IN CRIMINAL PROCEEDING

The article is devoted to the analysis of the issues of recognizing evidence as inadmissible in criminal proceedings as one of the main institutions of criminal procedural law. The normative and legal regulation of the inadmissibility of evidence in accordance with the provisions of the Criminal Procedure Code of Ukraine is studied, the criteria of legality and admissibility of the evidentiary base in criminal cases are determined. Particular attention is paid to the principles of legality, objectivity and equality of parties in the process of assessing evidence, which are fundamental to ensuring fair justice. The judicial practice of Ukraine on the application of the rules on the inadmissibility of evidence is analyzed, in particular cases of violations of procedural norms during the collection of evidence, as well as the consequences of such violations for the further consideration of criminal cases. The article examines the practice of the European Court of Human Rights and the application of the "fruit of the poisoned tree" doctrine in the legal systems of the United States and European countries. A review of scientific research by Ukrainian and foreign scholars analyzing the issue of inadmissibility of evidence is conducted, which allows identifying the main problems and gaps in law enforcement. Based on the research, possible ways to improve legislative regulation and the practice of applying norms on inadmissibility of evidence are proposed. Recognition of evidence as inadmissible in criminal proceedings is a complex and important process that affects procedural decision-making and the quality of justice. The completeness of evidence affects the progress of criminal proceedings towards their goal of establishing the actual circumstances of the case under investigation, providing such circumstances with a criminal law qualification and terminating criminal proceedings in one of the forms determined by law. It is through the collection of evidence that the prosecution fulfils its cognitive and then evidentiary function. Therefore, it is necessary to constantly improve the regulatory framework to ensure that the rights of the accused are respected and that criminal proceedings are effective.