Azarova E.S. The Impact of the Court’s Inner Conviction on the Evaluation of Evidence: A Civilizational Approach
DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.7
Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653
Introduction. In criminal proceedings, the inner conviction of the court has a direct impact on the evaluation of evidence. In criminal proceedings, the process of proof is of key importance at all stages of the proceedings. Evidence in the Russian criminal process means any information, the sources of their reception, as well as the methods of their detection, collection, fixation, and verification, based on and in accordance with criminal procedure law, to establish the circumstances in issue. The main condition for making a legal and reasonable decision in a court case is to establish the event that occurred as it actually took place. Therefore, it is important to use the institution of the discretion of the court as the basis for resolving court cases. The author in the paper sets the goal of the study, which consists of substantiating the impact of the court’s inner conviction on the evaluation of evidence. Methods. The methodological framework consists of the methods of historicism, systematicity, and comparative law. Results. The author’s position, justified in the work, is based on knowledge of the criminal process. Conclusions. As a result of the study, it has been revealed that the inner conviction of the court is considered as a moral guarantee of the administration of justice, acting as a determinant in making decisions in accordance with conscience and moral categories. The process of proof is the main one in relation to the formation of the inner conviction of the court. The reason for this kind of subordination is related to the dependence of the proof process on the parties to the criminal case. The judge evaluates the evidence based on the level of legal culture and his or her inner beliefs.
Key words: inner conviction of the court, evidence, evaluation of evidence, judicial proceedings, civilizational approach, criminal procedure science, discretion of the court.
Citation. Azarova E.S. The Impact of the Court’s Inner Conviction on the Evaluation of Evidence: A Civilizational Approach. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 1, pp. 47-55. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.7
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