Review

On the basis of the scientific system analysis contained in scientific sources viewpoints of scientists and practitioners in the article the essence of criminal procedural admissibility of evidence as their inalienable property, set criteria for its definition.

In scientific literature admissibility seen as an intrinsic property of evidence. However, characterizes the first admissibility of evidence and their procedural sources that form its unity evidence. If the actual data and procedural sources have properties admissibility, in its unity they may form evidence in criminal proceedings, meaning that evidence inadmissible in criminal proceedings exists. However, in case of compliance evidence and their sources admissibility criterion, we can speak of the same name and evidence property.

Content admissibility as property criminal procedure evidence consists of four rules (conditions, criteria): 1) the proper subject of its receipt, 2) the legality of sources of information; 3) use for their production only statutory investigatory or judicial action; 4) conducting investigative or judicial actions in compliance with statutory requirements.

Source of actual information should also be assessed as acceptable, that is, on the use of criminal procedural law which does not contain prohibitions (for example, does not meet the admissibility of such information sources f as defender, priest, doctor, etc., provide information that became known to them in connection with their professional duties; witness who can explain the primary source of the information notified; not a valid source of evidence anonymous letter and so on).

Also the Institute the admissibility of evidence in the current criminal procedural legislation of Ukraine is analyzed by its individual shortcomings. The conclusion about the relationship of the admissibility of evidence and procedural forms of their receipt were done.

Keywords: criminal procedure evidence, properties of evidence, admissibility of evidence, the Criminal Procedure Code of Ukraine.