HEARSAY AS EVIDENCE: ANALYSIS OF THE US FEDERAL RULES OF EVIDENCE

. Introduction. The article examines the concept of hearsay in the context of the Federal Rules of Evidence, in particular, focusing on its definition, application and impact on the trial. The author defines hearsay in accordance with Rule 801 of the Federal Rules of Evidence, which prohibits the use of testimony that is not subject to cross-examination. The main purpose of such rules is to avoid unreliable testimony that may lead to erroneous conclusions. Purpose. The purpose of this article is to analyze the concept of hearsay as evidence in the context of the US Federal Rules of Evidence and to explore the possibilities of their application to improve the civil justice system in Ukraine. The author seeks to highlight the main problems associated with the recognition and use of hearsay in court proceedings, and also to substantiate the need to adapt international practices to national legislation. Materials and methods. The article uses a variety of materials and methods to analyze hearsay as evidence in the context of the US Federal Rules of Evidence. The main approaches are the analysis of legislation, in particular Federal Rule of Evidence 801, which defines the concept of hearsay, and Rules 803 and 804, which contain exceptions for certain categories of hearsay. A review of case law, including cases involving the application of these rules, illustrates the actual use of hearsay rules in litigation. Results. The results of the article indicate that the consideration of hearsay as evidence in civil proceedings requires a rethinking of existing rules and practices. The article demonstrates that the definitions and exceptions set forth in the US Federal Rules of Evidence may be useful for Ukraine, as they offer a structured approach to assessing the admissibility of hearsay. The results of the article indicate that the proper application of the rules of evidence can contribute to ensuring a fair trial, improving trust in the judicial system, and enhancing the quality of justice. Thus, the article offers new perspectives for improving law enforcement in Ukraine, in particular in aspects related to hearsay as evidence. Discussion. The article has the potential to improve the civil justice system, especially in the context of the rules of evidence. First, the article can serve as a basis for further research focusing on the impact of the rules of evidence on the quality of court decisions and the fairness of the process. Secondly, the conclusions and recommendations can be used by lawyers and legislators to amend the existing rules governing the use of hearsay as evidence in order to ensure greater clarity and predictability in court practice. Thus, the article has the potential to contribute to the discussion and improvement of practices in the field of civil justice, which in turn may have a positive impact on the fairness and efficiency of court proceedings.