Hearsay testimony as the evidence in the criminal and procedural legislation
AbstractThe article deals with such a kind of evidence as hearsay testimony and the possibility of considering such evidence in criminal proceedings during the pre-trial investigation and trial. The issue for obtaining and documenting the hearsay testimony, determination of their authenticity and possibilities of use when making a lawful decision by the court is examined. Herein, attention is paid to the authenticity of the evidence received and its admissibility at the stage of research and direct receipt by the court. The position of the European Court of Human Rights regarding the assessment and acceptance of hearsay testimony has been analyzed. The purpose of the scientific article is to establish a procedure for obtaining the above-mentioned kind of evidence, their procedurally correct fixing and further analysis by the court and admissibility. The article defines the main methods of the research, such as: structural and system methods, induction method.
The Convention for the Protection of Human Rights and Fundamental Freedoms of 04.11.1950, ratified by the Law No. 475/97-VR of 17.07.97.
The Criminal Procedural Code of Ukraine: the current legislation with amendments and additions. as of October 14, 2016: (official text). - K .: Palivoda AV, 2016. - 372 pp.
The Criminal Procedural Code of Ukraine. Scientific and Practical Comment: 2 t./O.M. Bandurka, E.M. Blazhivskyy, Ye.P. Burdol and others: for ag. Ed. V.Ya. tation, VP Pshonki, AV Portland - X .: Law, 2012.
Decision of the ECHR "X. against the Federal Republic of Germany "(X. v. the Federal Republic of Germany) 8414-78 of 4 July 1979, DR 17, 231.
Decision of the ECtHR "Case of Kostovski v The Nettherlands" (8414-78 of March 29, 1990.
Decision of the ECtHR "Delta v. France" (Case of Delta v France) of December 19, 1990, DR 17, complaint No. 11444/85.
Abstract views: 51 PDF Downloads: 66