Correlation between Standards of Proof and Burden of Proof

Mikhail A. Kozlov
Year: 2024
UDK: 347.941
Pages: 90–107
Language: russian
Section: LAW
Keywords: standards of proof, burden of proof, sufficiency of evidence, internal conviction, prima facie
Abstract
The article presents an in-depth analysis of the correlation between standards and the burden of proof in Russian civil procedure. The author examines the principal considerations and challenges associated with the application and interpretation of these concepts in contemporary judicial practice and doctrine. A particular focus is placed upon the variability of judicial application of standards of proof, as well as aspects of the distribution of the burden of proof between the parties to the proceedings. Theoretical approaches to the correlation of burden and standards of proof are considered. The article addresses the necessity of developing transparent criteria and procedures for establishing and implementing standards of proof. This will eliminate existing inconsistencies and contribute to the formation of a more predictable judicial practice. The article presents a series of recommendations pertaining to the enhancement of normative regulation and the practical implementation of standards, as well as the burden of proof in civil proceedings.
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