The standard of «beyond reasonable doubt» proof concept and its place in the proof standard system

Abstract

The criminal justice system in Ukraine is aimed at effective rights and interests’ protection of individuals, society and the state. Thereby, there is a necessity to introduce new and to improve existing elements, while acting due presumption of innocence as a fundamental principle that sets proof standards to be taken into account by the participants in the criminal proceedings, and also determines the obligation to bear the burden of proof.The ratification of the Universal Declaration of Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, and the Europeanization of Ukrainian law, in general, have made significant contributions to the implementation of proof standards in national practice. As a result, international human rights standards, including the right for a fair trial, have become an integral part of the scientific disputes.The article explores the standard «beyond a reasonable doubt» proof concept in criminal procedural law. During the research, the author has studied national legislation, domestic and foreign doctrinal resources. As a result, the proof standard has been examined as a comprehensive notion, and the criterion for achieving a certain level of belief following the standard "beyond a reasonable doubt" has been identified. The author commends the reader's attention to the correlation between the proof standard "beyond reasonable doubt" and other standards, the inner conviction of a judge or juro and the purpose of proof in criminal litigation.