Kret G. The scope of application and content of the standards of proof «reasonable suspicion», «reasonable grounds to believe» and «probable cause» in the criminal process of the countries of the anglo-saxon legal system

DOI: 10.33098/2078-6670.2019.7.19. 137-144

Purpose. The purpose of the article is to ostend the scope of application and content of the standards of proof «reasonable suspicion», «reasonable grounds to believe» and «probable cause» in the criminal process of the countries of the Anglo-Saxon legal system. Methodology. The methodology is an implementation of a comprehensive analysis of provisions of the criminal procedural legislative and formed judicial practice and formulation on this bases of relevant conclusions. During research such methods of scientific knowledge were used: comparative legal, system-structural, structural-functional, formally legal. Results. In process of research the scope of application of the standard of proof «reasonable suspicion» in the criminal process of United Kingdom and, taking into existing in judicial practice trends in its expansion, – in the criminal process of USA is outlined,on the criterion of its demarcation from standard of proof «reasonable grounds to believe» in the cases of detention of a person and search of a person in the absence of probable cause to arrest is specified, the content of this standard of proof is found out. The scope of application of the standard of proof «reasonable grounds to believe» in the criminal process of USA and Canada is characterized, and its content is ostend, including by definition depending on the types of procedural action to be carried out of the circle of grounds, which belong to the «reasonable grounds to believe». The scope of application of the standard of proof «probable cause» in the criminal process of USA is researched and its contain is characterized, including by definition depending on the types of procedural action to be carried out of the circle of causes, which belong to the «probable». Originality. In process of research, taking into provisions of the criminal procedural legislative of the countries of the Anglo-Saxon legal system and formed in its judicial practice, the scope of application and content of the standards of proof «reasonable suspicion», «reasonable grounds to believe» and «probable cause» is comprehensively defined. Taking into the scope of its application, the definitions of the content of each standard of proof is formulated Practical significance. The results of the research can be used in legislation activities during making changes and additions into criminal procedural legislative of Ukraine in the part of improvement of the system, scope of application and content of the standards of proof.

Key words: standards of proof, reasonable suspicion, reasonable grounds to believe, probable cause, criminal proceedings.

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