The article considers the problem of
recognition of evidence as inadmissible
and its exclusion from the process
of proving on the stage of preliminary investigation.
The author proves the opinion that
the notion ‘evidence’ is the integral
category which has its own structure
which consists of 3 elements. The author has
analyzed the norms of the Articles
74, 75, and 88 of the Criminal Procedural Code
of the Russian Federation which
proves the necessity of correction of the notion of
‘evidence’ in the criminal
proceedings and regulate the procedure of
of evidence as inadmissible on the
stage of preliminary investigation.