Some Problems of Assessing the Admissibility and Reliability of Evidence in Criminal Cases

The Purpose of the study. The article discusses the problems of evaluating evidence according to the criteria of admissibility and reliability. Modern law enforcement practice devoted to practical problems of evidence assessment is analyzed. The analysis of the formed judicial practice of recognizing as admissible evidence, evidence obtained in violation of the requirements of the Code of Criminal Procedure of the Russian Federation, in view of minor violations of the procedure established by criminal procedure legislation for their collection and consolidation by the investigator (inquirer). The position is justified that the proof cannot be reliable in part or in part, it is impossible to characterize the proof as probable or reliable in one part or another, to a certain extent.

Conclusions.  As a result of the conducted research, the authors conclude that "admissibility" and "reliability" as properties of evidence should be considered in close relationship with each other, since these concepts together make it possible to give a full assessment of the circumstances to be proved in a criminal case. Admissibility as a formal legal property and reliability as a substantive property give information that is considered in the course of a criminal case the possibility of their use as evidence in making procedural decisions. Information of evidentiary value must be obtained in accordance with the procedural procedure for the production of investigative and other procedural actions, any violations of the requirements of the criminal procedure legislation regarding the procedure for collecting and securing evidence should lead to the recognition of evidence as inadmissible.