Criminal Procedure Standard of proof

This article gives a general description of the nature of the standard of proof as one of the main elements (criteria) evaluation of evidence (and evidence as a whole). Rules of evidence are analyzed in the Anglo-Saxon and continental legal systems and domestic criminal procedural legislation for characteristics evaluation of evidence in criminal proceedings and different in its various stages. The conclusions about the existence of a C onsuetudinary objective standards of proof («beyond reasonable doubt» and «balance of probabilities») and subjective standard of proof in civil law countries (for «moral certainty»). In criminal procedure law of Ukraine on the standards of proof. assumed that in our criminal proceedings, as in most countries in continental Europe received the so-called subjective standard of proof «for moral certainty». However, this does not mean the absence of any objective rules of evidence. These, according to the author include rules concerning the origin and admissibility of evidence (Articles 85-90 CC P), the rules governing the burden of proof; objectivity takes place in the exempt entity proving certain facts (known, prejudicial, those prezyumuyutsya and recognized). In addition, on the basis of analysis of the current CC P quite legitimate, and indeed, even reasonable, is the allocation of certain objective standards of proof, such as those that take place in the countries of Anglo-Saxon legal system. This allocation is essentially lehalizuvatyme their existence, because they actually have long been regulated by law and used in practice. It is proposed to distinguish between these objective standards of proof in the domestic criminal procedural proving: 1) «at first sight» (or «by their appearance phenomena» or «probable
assumption»); 2) «a powerful belief» or «reasonable assumption»; 3) «beyond reasonable doubt»; 4) «reasonable doubt» (or «reasonable opportunity»), which in essence is the opposite of the standard «beyond reasonable doubt» and used (must be used) the defense.