Research of evidence at the stage of preparing the criminal case for the judicial meeting

The article describes the problems of researching evidence at the stage of preparing a criminal case for trial. The author analyzes two forms of implementation of the stage of preparation for the trial, - the first form is implemented by the judge individually (according to Chapter 33 of the Code of Criminal Procedure), the second form of preparation for the court session (Chapter 34 of the Code of Criminal Procedure), includes a preliminary hearing. The main focus of the author is on the study of such a legal requirement of evidence as the admissibility of evidence in the context of the issue regarding the legal consequences of violation of the procedural form. The author considered two approaches, one of which was called the concept (theory) of the “fruit of a poisoned tree”, which defends the unconditional inadmissibility of evidence in case of any violation of the established procedure for collecting and securing evidence, regardless of their nature and degree. The second approach has a more balanced position and divides procedural violations into material and non-material, replenishable and irreplaceable. According to the author, this problem of admissibility of evidence is not so much a procedural one as a problem of the criminal procedural policy. That is why, according to the author, when the question arises of whether all violations of the criminal procedure rules should lead to the recognition of evidence as unacceptable, it is necessary to realize the idea of justice based on the conflict between the norms of positive law (law) and irrational norms, the essence of which, - caring for people. The author is convinced that justice is more important than law and legal conflicts should be resolved from a position of justice. It is the criterion of justice that should be considered the leading one in the interpretation of law in general.