Standards of Proof as a Result of the Reception of Foreign Procedural Law

Abstract

The article examines some debatable issues of reception by domestic procedural law of the standards of proof as an element of foreign procedural law.  There is an essential similarity between the concepts of the Anglo-American standards of proof and the traditional for the continental procedural doctrine of internal conviction. No matter how paradoxical it may sound, in relation to the standards of proof, one can at the same time speak about the unification and competition of national procedural systems. When discussing the reception of standards of proof, it is necessary to first examine their understanding and practice of application in countries of the common law system, as well as foreign continental jurisdictions. This dictates the sequence of presentation of the material: the first part of the article is devoted to the study of the standards of proof in the countries of the common law system; the second - to the study of the mechanism for assessing evidence in European jurisdictions of civil law; in the third part, we will consider what domestic procedural science understands as standards of proof, and how this understanding relates to foreign doctrine.