Стандарти доказування у процесуальному праві України: галузева умовність та новітні ознаки
Standards of Proof in Ukrainian Procedural Law: Sectoral Conditionality and New Features

Summary/Abstract: The need to address the issue of standards of proof is due to the lack of unified approaches to their definition, structuring, and practical application in national procedural doctrine. The question of the place of this institution in the judicial system and its significance for ensuring a balance between the principles of adversarial proceedings, reasonableness, and fairness of court decisions remains unresolved. The purpose of the study is to identify and characterize the basic and additional standards of evidence in procedural law based on foreign experience and national judicial practice. To achieve this goal, a set of general scientific and special methods was used, selected taking into account the objectives and subject of the study. Taking into account the works of domestic and foreign scholars, analysis of legislation and established judicial practice, the system and content of standards of evidence in civil, administrative, and criminal proceedings were studied. An assessment is given of the peculiarities of the functioning of standards of proof in the practice of the European Court of Human Rights, which is a benchmark for procedural law in terms of the application of certain standards of proof in various legal spheres. The use of the following basic types of standards of proof in national procedural law is proposed: "balance of probabilities" or "preponderance of the evidence", "beyond a reasonable doubt" and "clear and convincing evidence" the rules and cases of use of which should be useful in the conduct of judicial proceedings. It has been established that the characteristic features of the relevant types of judicial proceedings determine the peculiarities of the application of certain standards of proof. It has been established that each of the standards of proof has its own content, which, on the one hand, presupposes the existence of a set of relevant, admissible, and reliable evidence, and on the other hand, determines the level of probability of establishing the circumstances relating to the disputed legal relations; it is this level of knowledge that is a necessary prerequisite for making a well-founded procedural decision

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