INTERNAL CONVICTION OR THE STANDARD OF PROOF?

The article, devoted in general to evidence in criminal proceedings, focuses on the problem of standards of proof and their role in ensuring the fairness of court decisions. The article studies the correlation of the concepts of “standard of evidence” and “standard of proof”, raises the question of criteria for assessing the sufficiency and reliability of evidence. Particular attention is paid to the interaction of the standard of proof with the subjective element – the judge’s inner conviction, which plays a key role in shaping the final decision. The paper analyses the contradictions that arise in applying these standards in the context of acquittal and defamation judgements, and discusses the safeguards for establishing the truth of a judgement in balancing procedural formality and judicial discretion. Purpose: the study of standards of proof, their content, the possibility of application in Russian criminal proceedings. Methods: general scientific methods (system and structural-functional analysis, synthesis, induction and deduction), as well as specific scientific (special) methods: comparative-legal, formal-legal, interpretative. Results: based on the conducted research, the author offers recommendations for improving legal mechanisms aimed at minimising judicial errors and strengthening confidence in the justice system.

Authors

Institutions

Publication Details

Journal
The rule-of-law state theory and practice
Published
2025-01-01
DOI
https://doi.org/10.33184/pravgos-2025.1.11
Primary Topic
Legal Education and Practice Innovations
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

INTERNAL CONVICTION OR THE STANDARD OF PROOF?

Asiia Okeanovna MASHOVETS
The rule-of-law state theory and practice
Legal Education and Practice Innovations
article

INTERNAL CONVICTION OR THE STANDARD OF PROOF?

Asiia Okeanovna MASHOVETS
article en

Abstract

The article, devoted in general to evidence in criminal proceedings, focuses on the problem of standards of proof and their role in ensuring the fairness of court decisions. The article studies the correlation of the concepts of “standard of evidence” and “standard of proof”, raises the question of criteria for assessing the sufficiency and reliability of evidence. Particular attention is paid to the interaction of the standard of proof with the subjective element – the judge’s inner conviction, which plays a key role in shaping the final decision. The paper analyses the contradictions that arise in applying these standards in the context of acquittal and defamation judgements, and discusses the safeguards for establishing the truth of a judgement in balancing procedural formality and judicial discretion. Purpose: the study of standards of proof, their content, the possibility of application in Russian criminal proceedings. Methods: general scientific methods (system and structural-functional analysis, synthesis, induction and deduction), as well as specific scientific (special) methods: comparative-legal, formal-legal, interpretative. Results: based on the conducted research, the author offers recommendations for improving legal mechanisms aimed at minimising judicial errors and strengthening confidence in the justice system.

The rule-of-law state theory and practice(1(79))
Ural State Law University (RU), Ural State Forestry Engineering University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 84%
Legal Education and Practice Innovations
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.