Evolution of Standards of Proving in the Context of Handling of an Allegation on Falsification of Evidence

The article examines the problem of changing the standards of proof when considering a case. It is noted that the standards of proof are applicable not only to the general subject of proof in a case, but also to the consideration of individual applications and petitions. Using the example of a statement on falsification of evidence, the article defines the circumstances included in the local subject of proof for this requirement, the most relevant standards of proof for establishing them, the criteria for changing them, as well as the procedural goals that determine the application of a specific standard of proof. The application of standards of proof contributes to the legal certainty of judicial proceedings, including transparency and transparency of the evidence assessment procedure for persons participating in the case, which is an integral component of the principle of accessibility of protection of rights and legitimate interests. It is noted that the application of certain standards of proof by the court must be accompanied by their open declaration to the parties.

Authors

Publication Details

Journal
Russian judge
Published
2024-10-31
DOI
https://doi.org/10.18572/1812-3791-2024-11-7-12
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

Evolution of Standards of Proving in the Context of Handling of an Allegation on Falsification of Evidence

Mikhail A. Roze
Russian judge
Education, Law, and Society
article

Evolution of Standards of Proving in the Context of Handling of an Allegation on Falsification of Evidence

Mikhail A. Roze
article en

Abstract

The article examines the problem of changing the standards of proof when considering a case. It is noted that the standards of proof are applicable not only to the general subject of proof in a case, but also to the consideration of individual applications and petitions. Using the example of a statement on falsification of evidence, the article defines the circumstances included in the local subject of proof for this requirement, the most relevant standards of proof for establishing them, the criteria for changing them, as well as the procedural goals that determine the application of a specific standard of proof. The application of standards of proof contributes to the legal certainty of judicial proceedings, including transparency and transparency of the evidence assessment procedure for persons participating in the case, which is an integral component of the principle of accessibility of protection of rights and legitimate interests. It is noted that the application of certain standards of proof by the court must be accompanied by their open declaration to the parties.

Russian judge
Openalex Percentile: Top 54%
Education, Law, and Society
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