NGUYỄN THỊ THU HÀ, NGUYỄN ĐỨC ANH
Main Article Content
Abstract
This article focuses on analyzing several issues concerning evidence under the laws of the United Kingdom and the Russian Federation. The research findings indicate that English law emphasizes flexibility and the pursuit of fairness in the admissibility of evidence, including unlawfully obtained evidence, and adopts a flexible approach to the allocation and shifting of the burden of proof. In contrast, the law of the Russian Federation establishes a comprehensive and rigorous framework for evidence based on the requirements of relevance, admissibility, authenticity, and sufficiency, while also rapidly modernizing evidentiary sources through the recognition of electronic data and online hearings. Drawing upon foreign legal experience, the article proposes several implications for Vietnam in improving its legal framework on evidence, particularly with respect to distinguishing evidence from sources of evidence, addressing unlawfully obtained evidence, and developing electronic evidence in the context of judicial digital transformation.
Keywords: Burden of proof, characteristics of evidence, evidence, russian Federation, United Kingdom.