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Standards of Judicial Evidence in Criminal Proceedings

Student: Podustova Tatyana

Supervisor: Sergey Pashin

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2019

The work is devoted to the description, analysis, and study of the features of the evaluation of evidence by the court in the criminal process of common law countries on the basis of the standard of judicial proof "beyond reasonable doubt" and the evaluation of evidence by the court on the basis of internal conviction in the countries of the Romano-German system of law, in particular, in Russia. The aim of the work is to study the need to establish in the criminal process of Russian standards of judicial proof, on the example of the standard of "beyond reasonable doubt" common law countries. The methodological basis of the work is the General scientific methods of cognition: analysis and synthesis, deduction and induction, comparison and others, as well as the historical method and special scientific and legal methods. Logically, the work is divided into three parts, each of which describes and analyzes the evaluation of evidence by the court in the countries of the Anglo-Saxon and Romano-German systems of rights, in particular, Russia. The first Chapter is devoted to the standard of judicial proof "beyond reasonable doubt" common law countries (England and the United States). The second Chapter describes the model of evaluation of evidence by the court on the basis of internal conviction that exists in continental Europe . The third and fourth chapters are devoted to the problems of evidence based on internal conviction of the court n Russia; possibility of correction problems specified in work by means of introduction of the standard of judicial proof "beyond reasonable doubts" in the Russian criminal process. The paper concludes with the opinion in which it is necessary to introduce the judicial standard of proof "beyond reasonable doubt" in a criminal trial of Russia.

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