Standards of proof in criminal justice of Ukraine: the essence of the concept and the purpose of implementation

• Vasyl Nor ^[1] ; Marta Mazur ^[1] ; Khrystyna Slyusarchuk ^[1]
  1. [1] Ivan Franko National University of Lviv, Ukraine
• Localización: Cadernos de dereito actual, ISSN-e 2386-5229, ISSN 2340-860X, Nº. 15, 2021, págs. 9-36
• Idioma: inglés
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• Resumen

  • For a long time there has been an active study of the advantages and disadvantages of the adversarial type of criminal procedure on the pages of scientific publications. However, not so long ago, the attention of scientific community of Ukraine was attracted by the concept of “standard of proof”, as one of the integral attributes of the adversarial type of criminal procedure. Scholars try to comprehend the essence of the relevant concept, to single out its types, to study foreign experience of its functioning, to analyze the “pros” and “cons” of its introduction into the national doctrines of criminal procedure. The article provides an analysis of the essence of the concept and the purpose of introduction standards of proof into criminal proceedings. Also, the article examines the correlation between standards of proof and knowledge formation in criminal justice and the system of standards of proof in criminal proceedings.

    As a result, it is concluded that the standards of proof meant to serve as a “key” to achieve the correct establishment of the circumstances of criminal proceedings, as well as – the successful implementation of criminal proceedings in general.