STANDARD OF PROOF AND RUSSIAN PROCEDURE LAW: UNKNOWN OR WELL-KNOWN?
STANDARD OF PROOF AND RUSSIAN PROCEDURE LAW: UNKNOWN OR WELL-KNOWN?

Summary/Abstract: The authors in this article provide a brief overview of the standards of proof in Russian procedural law (civil procedure, sports disputes procedure, criminal procedure) and draw conclusions concerning the current legal regulations of the issue and its possible evolution. The legal establishment of the standard of proof in civil procedure law, sports law, and criminal procedure law needs comparatives. Each of the standards of proof has merits, but their number should not be multiplied in the absence of doctrinal justification. That said differentiation of standards for particular stages of the dispute resolution procedure or types of disputes within civil or sports law procedure is not only permissible but seems inevitable. A similar conclusion can be drawn with respect to differentiating standards of proof for the stages of criminal procedure. The formulation of the content of the standards of proof in civil procedure, sports disputes procedure, and criminal procedure has not been completed to date. It seems that several actions need to be taken. First, to clarify the list of actually used standards of proof. Secondly, to identify the current goals and values of each of the three procedural branches of law (distribution between the parties of the burden of proof). Finally, to formulate the standards of proof for each of the named procedural branches: civil, sports, criminal.

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