GENERAL LEGAL ESSENCE OF THE DOCTRINE OF POISONED TREE FRUIT AS A MAIN ASPECT IN THE INSTITUTE’S SYSTEM OF ADMISSIBILITY OF EVIDENCE

The article presents a critical analysis of the doctrine of «poisoned tree» through the prism of its interpretation by the European Court of Human Rights, scientific and practical approach to its formation by the case law of Ukrainian national courts, in particular, but not limited to, the Supreme Court. Given the requirements of current procedural legislation of Ukraine. An overview of the basic standards and aspects of the standard established by the institute of admissibility of evidence in their entirety and individually. The institute of admissibility of evidence has a long history of development. To date, the inadmissibility of evidence obtained in violation of procedural law is enshrined at the European judicial level in such judgments of the European Court of Human Rights as Gefgen v. Germany, Teixeira de Castro v. Portugal, and Sabelnik v. Ukraine. against Ukraine», «Nechyporuk and Yonkalo against Ukraine», «Yaremenko against Ukraine». This requirement for the admissibility of evidence is formulated in the above-mentioned Decisions quite succinctly and clearly, and is currently the subject of its implementation in both the law-making system and the law enforcement system. In the legal literature, there is still a discussion about the doctrine of «poisoned tree fruit», which is directly related to the recognition of derivatives of evidence obtained in violation of Ukrainian law — inadmissible. In the course of the study, uncertainty was found that the implementation of this doctrine is necessary only when the violation of the conditions of admissibility calls into question the reliability of the evidence. Therefore, it is necessary to determine whether there is a dependence of the admissibility and reliability of the evidence or the «fruits of the poisoned tree» appear under other conditions, when the evidence is declared inadmissible, regardless of this impact on the reliability.