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Title

Recognition of Evidence as Inadmisible

and its Exclusion from the Process

of Proving on the Stage of Preliminary

Investigation

 

Authors

Balaks hin Viktor Stepanovich, professor of the Department of Criminal

Proceedings of the Ural State University of Law, PhD Law, Professor. 21, Komsomolskaya

Str., Yekaterinburg, Sverdlovsk region, 620137. E-mail: darsvet@

mail.ru

 

Section

Civil and Criminal Procedure

Issue

2/2015

Page

128—132

 

index UDC

343.14 + 343.985.3

 

index LBC

 

Abstract

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 recognition

of evidence as inadmissible on the stage of preliminary investigation.

Keywords: evidence, procedure of recognition of evidence as inadmissible,

exclusion of evidence from the process of proving.

 

Keywords

 

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