Review

The development of the science of the domestic criminal process necessitates the study and revision of traditional scientific views on particular problems of criminal procedural evidence. One of the most important in the theory of evidence is the problem of the admissibility of evidence, and in particular the question of the legal consequences of a breach of the procedural form of the taking of evidence (forming the evidentiary basis of the legal position of the subject of evidence) in criminal proceedings. In scientific publications, these issues are given considerable attention. However, there is no clear-cut approach to solving it. Therefore, expressing your own position on their decision is quite important and necessary. It is these circumstances that explain the need for this article, its logic and content.

The purpose of the article is to investigate the legal consequences of violating the procedural form of taking evidence (forming the evidentiary basis of the legal position of the subject of proof) in criminal proceedings.

The results of the scientific elaboration of the author of the aforementioned problem were the conclusions on different approaches to the question of the legal consequences of violation of the procedural form of obtaining evidence. In particular, the opinion, supported and additionally substantiated in the scientific literature, that they depend on the materiality of the violation. Substantial violations entail the admission of the evidence obtained inadmissible, although they can be overcome by the means specified by law. Non-essential violations after their neutralization do not affect the admissibility of the evidence.

It is proposed to regulate the criminal procedural legislation of the Institute of Extreme need in criminal proceedings and scientific development of the procedure for its application.

It`s indicated that when decidind on the abmissibility of evidence obtained by using coercion (which can be qualified as a non-substantial violation of the rights and freedoms of the person to which it is used), it`s necessary to establish: firstly: firstly, their character (surmountable or irresistible) (in this connection it is necessary to determine the degree of its impact on the person, its individual physical abilities, the mental state in which it was found, etc.); secondly, the possibility of using the Institute of Extreme Necessity (subject to its regulation in the criminal procedural legislation).

Key words: evidence, procedural form, the rights and freedoms essential violations insignificant violations, extreme necessity.