Violations of the criminal law and procedure, entailing the exemption of inadmissible evidence

The author considers some aspects of the violation of the criminal law and procedure, entailing the exclusion of inadmissible evidence. The author states that today one of the main problems regarding the property of the admissibility of evidence is the lack of criteria for determining them as inadmissible, which is a prerequisite for the conclusions of many scientists that any violation is the basis for recognizing evidence as such. The author analyzes the understanding of the term “inadmissible evidence”, and also makes an attempt to clarify the grounds for recognizing evidence as inadmissible. The author reveals the problem of understanding inadmissible evidence and proposes the author's version of the analyzed term, which must be enshrined in article 3 of the Code of Criminal Procedure of the Russian Federation. Based on the result of the analysis, it is concluded that the problems identified in this study can be easily eliminated with a professional attitude to lawmaking and high-quality examination of draft laws, as well as to direct law enforcement. Summarizing the material presented, it is stated that irremediable violations of the criminal law and procedure must exclude the evidence obtained. The improvement of the criminal procedure legislation will strengthen the adversarial principles of judicial proceedings, and will improve the institution of inadmissible evidence.