Admissibility and relevance of evidence in the Code of Administrative Offenses of the Russian Federation

The admissibility and relevance of evidence areits features in existing forms of legal proceedings. This is due to both the difference in legislative regulation and the practice of applying laws.

What are you talking about?

Admissibility and relevance of evidence are two elements:

• the legality of its receipt, compliance with all prescribed procedures;
• significance in a particular case, the court may find this or that evidence inessential for a particular case.

What examples can be cited?

For example, the evidence was obtained during a search without a court decision, but there were no extraordinary circumstances. He will not be taken into account.

Relativity concerns confirmation of circumstances,to which the process participants refer. In the criminal case, the evidence is confirmed by the standard list of circumstances under Art. 73 CCP. For example, the testimony of witnesses, confirming innocence.

Civil Procedure

Admissibility and relevance of evidence in the civil process have an important feature. The collection and evaluation process is highly formalized.

For example, confirmation of a person's disability can only be the ITU certificate issued as a result of the procedure provided.

Witness statements are provided there,where there is no way to confirm the data documented. If there are no supporting papers, their replacement by witness statements is not allowed. Admissibility and relevance of evidence in the civil process are determined by the court.

He determines: what facts, who should be confirmed, what is acceptable and what is not. Even within one category of cases, the list of circumstances and facts that need to be proved varies.

Arbitration process

The admissibility and relevance of evidence inarbitration process are characterized almost the same way, but they have their own peculiarities. Some are due to procedural norms, others are due to the practice developed by the courts.

For example, it is permissible to ask the court to attach documents from the case file, in the civil process this remains questionable.

At the same time, the verdict is in evidenceindisputably confirms only the fact that a particular person commits a crime. The information, facts, stated in decisions on arbitration, civil and administrative cases, can only be taken into account, and this right, and not the duty of the court. An exception is that the same persons participate in the case. Required notarial acts, if they are not canceled.

Admissibility and relevance of evidence in the arbitration process oblige the parties to directly declare disagreement with one or another statement.

criminal process

The main task is to collect all the information thatcan be confirmed. Admissibility and relevance of evidence relate, first of all, to the rights of citizens and organizations. In particular, obtaining the court's permission to conduct a number of investigative actions, as well as providing access to legal assistance.

A standard set is used:

• indications of the participants in the process;
• expert opinions, experts;
• documents provided by the parties, as well as requested by a lawyer, investigator, investigator, prosecutor and court.

Admissibility and relevance of evidence can be challenged by all those who are interested in the process, in a separate complaint and in the process of considering the case on the merits, not once.

Without limiting the right to defense or allowing othersviolation of the norms of the Criminal Procedure Code, the investigative body or the court has the right to attach to the materials any document. For example, he has the right to take into account the conclusion of one doctor about the state of health of the person concerned. You can do without ITU help.

Because of this peculiarity, the admissibility and relevance of evidence in civil proceedings often disconcert the criminal lawyers.

Consideration of administrative materials

The review system is built in a similar way to the criminal process:

• a clear list of the circumstances to be proved;
• evidence must be provided by the prosecuting authority;
• The person involved has the right, and not the obligation to prove his innocence.

What is included in the list of compulsory proof?

• the fact of the incident;
• guilt of the person involved;
• circumstances, both mitigating and aggravating guilt;
• circumstances that are grounds for refusing to open a business or to terminate it;
• pecuniary damage assessment;
• other circumstances that the authority or the court deems necessary to clarify.

Admissibility and relevance of evidence in the Administrative Code of the Russian Federation are based on an assessment of the correctness of the actions of officials responsible for bringing to justice.

Carry out some procedures

First of all, it is necessary to determine how mucha complete and correctly drafted protocol. In the second - whether the person involved had the opportunity to defend themselves. For example, did they clarify the right to say nothing about themselves or receive legal assistance. The person involved, having made a corresponding note in the protocol, can actually bring to nothing all the efforts of officials. If the protocol was not issued or refused to give an opportunity to make comments, it should immediately write a complaint to the prosecutor's office.

Now it is permitted not to involve witnesses, butTo inspect the scene with the help of means for shooting, for example, a camera. Citizens also have the right to make their own records, which the court must then attach to the case file. In any case, the Supreme Court explained this in recent cases concerning the deprivation of a driver's license.

The basis of the case is often the materials of verification of supervisory bodies. Violation of the rules of conduct is a sufficient reason not to use them in the case of administrative liability.

Separate procedure - examination

All concerned are given the opportunityput questions to the expert, state the challenge of the expert, ask for the appointment of another person as him. Failure to comply with these standards may give rise to cancellation of the decision due to unreliable results of the examination.

Thus, the admissibility and relevance of evidence is a serious issue that influences the decision on the case.