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Standards of Criminal Procedure Evidence
Standards of Criminal Procedure Evidence

Author(s): Viacheslav V. VAPNIARCHUK, Volodymyr M. TROFYMENKO, Olha G. SHYLO
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: ASERS Publishing
Keywords: internal conviction; assessment of evidence; probability balance; probable assumption; reasonable suspicion;

Summary/Abstract: The strategy of integration development of Ukraine envisages, in particular, the implementation of international standards of justice in the legal system of Ukraine. The article explores the essence of such a legal category as ‘the standard of criminal procedural proof’. The rules of evidence in the Anglo-Saxon and continental legal systems in the context of this issue are analyzed, as well as domestic criminal procedural legislation on the peculiarities of assessment of evidence in various criminal proceedings and at various stages. Conclusions are made on the existence of objective evidence of standards in the Anglo - Saxon family of law (‘beyond reasonable doubt’ and ‘probability balance’) and the subjective standard of proof in the countries of the continental system of law (‘on the basis of internal conviction’). The opinion on the lawfulness and expediency of the allocation of certain objective standards of proof and in domestic criminal proceedings is expressed.

  • Issue Year: IX/2018
  • Issue No: 37
  • Page Range: 2462-2470
  • Page Count: 9
  • Language: English