Review

Harmonization of domestic criminal procedural legislation and practice of its application through adopting of a positive world experience in the observance of human rights and freedoms is a necessary element of the establishment of the rule of law in criminal proceedings.  One of the elements of such harmonization is the use of the "poisonous tree fruit" doctrine during criminal procedural activities. The application of the guidelines of such a doctrine can help to avoid mistakes in the conduct of criminal procedural activities, to ensure the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings in Ukraine.

Therefore, the aim of the article is the research and analysis of the "poisonous tree fruit" doctrine in the criminal procedural legislation of Ukraine.

 In the study, the norms of Articles 86-89 of the Criminal Procedure Code of Ukraine, the practice of the European Court of Human Rights in the application of the "poisonous tree fruit" doctrine are analyzed, examples of domestic court practice with the doctrine application in the recognition of inadmissible evidence, the opinion of domestic scientists and the provisions of the criminal procedural legislation of individual European countries are given.

 As a result of the research the following conclusions are made: 1). In the domestic legislation, the "fruit of poisonous wood"doctrine is shown in Part 2 of art.  86 and art.  87, part 1 of art. 88, art. 89 CPC of Ukraine.  2).  The doctrine of "poisonous tree fruit" has the following procedural significance: 1) through procedural activities of authorized officials of the CPC of Ukraine, officials are not permitted to admit evidence; 2) as lack of factual information in criminal proceedings (as there is no evidence of criminal proceedings). 3. Significant violations of human rights and freedoms as grounds for the recognition of inadmissible evidence of criminal proceedings should be considered violation of the principles of criminal proceedings.  4).  From the content of the norms of the CPC, the use of the "poisonous tree fruit" doctrine is possible not only by the court but also by the prosecution party during the pre-trial investigation.

 Key words: the "poisonous tree fruit" doctrine, criminal process, evidence, inadmissible proof, criminal process.