Influence of legal views of the European Court of Human Rights on forming criteria for the admissibility of evidence in criminal proceedings

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Some decisions of the European Court of Human Rights, which theoretically can influence further development of the theory of proof in Russian criminal proceedings are considered in the article, since proof is an integral part of criminal procedure aimed at resolving a specific legal dispute between society and the individual. The theory of proof is traditionally based on the norms of Russian criminal procedure law (both pre-revolutionary and Soviet as well as post - Soviet), the provisions of the Constitution of the Russian Federation, as well as on the legal views of the highest courts of Russia - decisions and explanations of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. Currently, after the Russian Federation has ratified the European Convention on Human Rights and its Protocols, legal views expressed in the decisions of the European Court of Human Rights has also direct influence on proof procedure and are taken into consideration in further development of Russian theory of proof. It enables practical implementation of the constitutional principle proclaiming that universally recognized principles and norms of international law and international treaties of the Russian Federation are a constituent part of its legal system.

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European court of human rights, proof, evidence, criminal procedure, admissibility of evidence, legal protection

Короткий адрес: https://sciup.org/140250091

IDR: 140250091

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