STANDARDS OF PROOF IN CIVIL PROCEEDINGS

Abstract

There is currently no clear definition of “standards of proof”, in particular in civil proceedings. As a result, there are some difficulties in understanding them in the theoretical aspect, and accordingly the problem of practical application, which in turn leads to the disharmony of international practice of standards of evidence with domestic evidence. The article actualizes the process of application of standardization in evidentiary activity in civil proceedings. The problems of regulation of the conceptual apparatus, unification of the approach to the terminology of ‘standards of proof”, as well as the lack of clear legal criteria and forms of their application are pointed out. The practical aspects of the application of standards of evidence by both courts of first instance and higher courts were analyzed, as a result of which there is a tendency that courts use evidence standards relatively more widely and provide justification for their application. However, it is noted that there are completely different approaches of judges to the implementation of certain actions in the evidentiary process, which indicates the lack of a common understanding of the application of standards of evidence. It is noted that the standard of evidence sufficiency is conditionally defined for civil proceedings, however, the standard “balance of probabilities” is also applied in practice. Their main features are highlighted. The issue of application of standards of evidence in the practice of the European Court of Human Rights has been studied, as a result of which the need for an appropriate standard of evidence in the current national legislation to ensure the human right to a fair and impartial trial is pointed out.