Distribution of the burden of proof in the socialist Republic of Vietnam: common and specific with the Russian Federation

The article conducts a comparative legal study of the features of the institution of the burden of proof in Vietnam. The author considers the distinctive features of the Vietnamese process of proof, the properties of evidence, the subjects of proof at various stages of the criminal process. In particular, the researcher refers to both ordinary subjects of bearing the burden of proof, almost similar to Russian ones, and extraordinary (professional) subjects of proof. The functionality of the investigator, the prosecutor is determined. In addition, one of the main problems of the criminal process in Vietnam is raised — the obligation to prove by the court, which gives rise to a lack of objectivity in resolving the case on the merits, since in this case the procedural functions of the prosecution and the consideration of the criminal case coincide. Regarding the place of the defense lawyer, it is noted that although he is not a full-fledged subject of proof, he still has fairly broad powers to participate in both the preliminary and judicial investigations and bears the discretionary burden of approval, however, his participation is most often passive, is formal nature and in the overwhelming majority is protection by appointment of the preliminary investigation bodies or the court with all the ensuing consequences. Ultimately, the author concluded that it is necessary to reform the Vietnamese criminal process in order to clearly separate the procedural functions of each of the participants in the proceedings and improve the quality of legal assistance provided by a professional defense lawyer.