HIERARCHY OR EQUALITY OF STANDARDS OF PROOF IN CRIMINAL PROCEEDINGS AND OTHER BRANCHES OF LAW

Abstract

The article analyzes a number of works by A.R.Sharipova on the unity and difference of standards of proof and evidence in criminal, civil, arbitration and administrative proceedings. To date, there are more differences in the standards of proof than their unity in the listed branches of law, which is the problem of intersectoral prejudice. The topic of prejudice is especially important in criminal proceedings, where, in fact, decisions made in other branches of law are not binding. The purpose of the article: to identify the significance of the problems about the need for convergence of standards of proof and evidence in all procedural branches of law. Methods: systemic, comparative-legal, formal-legal, system-functional methods are applied. Results: the necessity and possibility of combining the standards of proof and evidence in criminal, civil, arbitration and administrative proceedings are established in the presence of a number of conditions, the development of which requires further scientific research in all procedural branches of law.

Keywords

• proof
• prejudice
• procedural law
• justice
• standards of proof
• judicial proceedings
• criminal procedure