STANDARDS OF PROOF AND FORMAL MEANS OF PROVING IN CRIMINAL PROCEEDINGS: A REVIEW OF A.V. SMIRNOV’S SCIENTIFIC LEGACY

Abstract

The relevance of this research is determined by the fact that Russian law enforcement practice, particularly in bankruptcy cases and other categories of arbitration disputes, is increasingly applying the concept of “standard of proof”. However, the theoretical understanding of this category in relation to criminal proceedings remains fragmented and fails to provide law enforcers with a reliable doctrinal framework. In this regard, the systematization and critical analysis of A.V. Smirnov’s concept, the most coherent national doctrine of standards of proof, developed over three decades, acquires particular scientific and practical significance, as his works constitute the conceptual framework on which an adapted theory of standards of proof in criminal proceedings can be developed for the Russian context. Research purposes: to critically review A.V. Smirnov’s most significant works dedicated to standards of proof and formal means of proving in criminal proceedings; to identify the core concept of his doctrine; to evaluate its scientific originality, and to determine the prospects for further developing the proposed ideas. Methods: the research is based on the method of a systematic review of scientific literature. This approach is considered the most suitable for the task at hand: to summarize and critically analyze the works of a single author within the context of a broader scientific discourse. Source selection is carried out according to three clear criteria: authorship by A.V. Smirnov; direct relevance of the work to the issues of standards of proof, formal means of proving, burden of proof, or evaluation of evidence in criminal proceedings; publication in peer-reviewed scientific journals or by reputable publishers. For contextualizing the analysis, comparative-legal methods (comparing to Anglo-Saxon and continental European doctrines) and historical-legal methods (tracing the genesis of A.V. Smirnov’s concept in a chronological perspective) are applied. Additionally, the method of conceptual analysis is used to identify key categories, their definitions, and internal interrelations. However, the methodology is not without certain limitations. The main one is the inevitable subjectivity of interpretation. A review of the scientific legacy of a living and actively working scholar always carries the risk that certain aspects of his concept may be emphasized or, conversely, relegated to the background depending on the reviewer’s research perspective. Results: the article concludes that A.V. Smirnov’s scientific legacy creates a solid conceptual framework for advancing a doctrine of standards of proof adapted to the conditions of Russian criminal proceedings.