Journal articles: 'Evidence in civil proceedings'

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Butryn-Boka, Nataliia, and Viktoriia Botvynnyk. "Evidence in civil proceedings." Aktual’ni problemi pravoznavstva 1, no. 2 (2020): 85–88. http://dx.doi.org/10.35774/app2020.02.085.

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Vladimirovich, Bilalov Alexey, Golubtsov Valery Gennadievich, Makolkin Nikita Nikolayevich, and Khasanshin Ramil Ilgizovich. "Electronic evidence in civil proceedings." Laplage em Revista 6, Extra-A (2020): 23–27. http://dx.doi.org/10.24115/s2446-622020206extra-a551p.23-27.

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This article examines the issues of electronic evidence - their legal nature, the procedure for a party disclosing and evaluation by the court. The author analyzes the works of both Russian and foreign experts on civil procedure, as well as on the issues of electronic technology. Furthermore, the authors have examined the previous related studies of Russian and foreign scholars, legislation of Great Britain, Germany, France and European experience represented by EU directives. In this study, it is attempted to consider not only the issues of exclusively legal analysis, but also the philosophy of proof. This term is actively used in foreign legal science, and there is a much broader legal methodology, that is, a general scientific methodology and an interdisciplinary approach are used actively. 

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Shtefan, A. "MATERIAL EVIDENCE IN THE CIVIL PROCEEDINGS." Private Law and Business, no. 18 (2018): 112–15. http://dx.doi.org/10.32849/2409-9201.2018.18.25.

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BORISOVA, E. A. "EVIDENCE IN APPEALS IN CIVIL PROCEEDINGS." Herald of Civil Procedure 9, no. 1 (2019): 140–56. http://dx.doi.org/10.24031/2226-0781-2019-9-1-140-156.

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Barbosa, Ana Raquel, Márcia Passos, and Susana Sousa Machado. "CONCEPTUAL ANALYSIS OF EVIDENCE IN CIVIL PROCEEDINGS." ULP Law Review 14, no. 1 (2021): 125–55. http://dx.doi.org/10.46294/ulplr-rdulp.v14i1.7474.

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Summary This article focuses on a dogmatic reflection on the concept and function of evidence in civil proceedings. To this end, it addresses evidence as the object of instruction as well as a number of problems associated with the burden of proof. This analysis also deals with the dialectics between the burden of proof and the burden of claim. The reflection we propose on the concetual basis of the evidence also covers questions relating to the instructional activity, the value of the evidence, the binding force of the means of proof and its limitations. From the theoretical framework described, it is also fundamental to proceed to the methodological classification of the test, also questioning its extra procedural value, always seeking to find foundations in the principles underlying the instructional activity. Key words: civil procedure, proof, instruction, allegation.

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Hamroyev, Shukhrat, and Aleksey Parfyonov. "Civil Contract as an Evidence in Avestan Criminal Procedure." SHS Web of Conferences 50 (2018): 01230. http://dx.doi.org/10.1051/shsconf/20185001230.

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The paper considers the statutory concept of the civil contract as a form of evidence used by the ancient Tajiks in Avestan court proceedings, particularly with regard to findings, typology and responsibility for violation of the contract in part of Vendidad. The history of contracts as a form of evidence in Avestan court proceedings is the key component of political and legal institutes within the historical development of Tajikistan, which was characterized by worldview, political and cultural values of the society in a certain era of its development. Therefore, the study of this main institute of criminal proceedings always remains relevant. The study provides the retrospective analysis of the contract as a form of evidence in Avestan court proceedings during the period of the Zoroastrian civilization. The study results in basic principles and ways of implementing the contract as a form of evidence in Avestan court proceedings.

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Tatulych, Iryna. "Electronic evidence as a means of evidence in civil proceedings." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 215–19. http://dx.doi.org/10.36695/2219-5521.1.2020.43.

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The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice. Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System. In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

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ZAYTSEVA, L. V., and N. V. SUKHOVA. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS: PROCEDURAL PROOF ISSUES." Herald of Civil Procedure 9, no. 1 (2019): 189–204. http://dx.doi.org/10.24031/2226-0781-2019-9-1-189-204.

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Kozhevnikova, A. V. "ELECTRONIC EVIDENCE IN THE CIVIL PROCEEDINGS OF UKRAINE." Comparative-analytical law, no. 6 (2019): 128–31. http://dx.doi.org/10.32782/2524-0390/2019.6.30.

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Bartkus, Jurgis. "The Importance of the Admissibility of Evidence in Lithuanian Civil Procedure." Teisė 119 (June 21, 2021): 105–17. http://dx.doi.org/10.15388/teise.2021.119.6.

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The article analyses the importance of the admissibility of evidence in Lithuanian civil proceedings. The analysis of various sources of law allows to link the admissibility of evidence in civil proceedings not only with one of the features of evidence, but also with the objectives of this institute in civil proceedings: ensuring the quality of proof, the cost-efficient process, a fair and just trial, and other values.The reduction of the importance of the admissibility of evidence is essentially influenced by aspects related to the whole evidentiary process – the principle of free evaluation of evidence, the purpose of determination of material truth, and procedural norms establishing the judge as the final assessor of admissibility of evidence and facts. The objectives of the admissibility of evidence in civil proceedings make it necessary to find possible solutions that ensure a more appropriate relationship between the admissibility of evidence and the reasons of its importance.

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Koshelev, Anton, and Ekaterina Rusakova. "The problem of admissibility of evidence in Indian civil proceedings." SHS Web of Conferences 106 (2021): 02015. http://dx.doi.org/10.1051/shsconf/202110602015.

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The article deals with the problem of evidence and proof in civil proceedings in India. A number of foreign researchers focus on the issue of admissibility and inadmissibility of evidence in legal proceedings. In this regard, special attention is paid to the interpretation of different types of evidence and the legality of their inclusion or recusal in terms of judicial civil proceedings in India. Moreover, the situation is complicated by the global pandemic problem that makes the assessment of the validity of evidence more challenging for the judicial system of India and other countries in modern conditions.

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Kudeikina, I. "PORT AS EVIDENCE IN THE CIVIL PROCEEDINGS OF LATVIA." Archives of Criminology and Forensic Sciences 1 (June 9, 2020): 73–79. http://dx.doi.org/10.32353/acfs.1.2020.05.

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A forensic expert report is an important part of the evidence process in civil proceedings. An examination is possible both before the initiation of a civil case, and while its consideration. In some cases, it is expedient to conduct examination immediately, until the actual circumstances are not lost or changed, for example, in cases of property damage in fire, in water, in cases of vehicles damage in road accidents. An interested party has the right to ask a forensic expert to conduct an examination. However, according to the Civil Procedure Law of Latvia, the examination conducted at the initiative of one of the parties and not appointed by the court does not have the power to obtain a forensic expert opinion and is assessed as written evidence. The article is devoted to the issues of assessing a forensic expert report as evidence in civil procedure.

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Popovych, Iryna. "Forensic examination as a source of evidence in a separate proceedings." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (2020): 200–207. http://dx.doi.org/10.31733/2078-3566-2020-3-200-207.

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Modern judicial practice indicates how important, in the quality of cases, is forensic examination, which with its special methods, tools and techniques contributes to the solution of judicial problems. An expert opinion plays a significant role in the process of proving in separate proceedings, when the question of the obligatory application of special knowledge arises. The article deals with study of forensic science as a source of evidence in a particular proceeding, as well as highlighting the clear difference between individual and other types of proceedings in civil proceedings, forming an opinion on the active role of the court in resolving cases in a particular proceeding. on the problem of interpretation by courts of norms of the national legislation at application of such means of proof as the expert’s conclusion. Analysis of scholars’ opinions, national case law, ECtHR documents, current legislation and regu-lations governing the appointment of forensic examination, shows that, in addition to the general rules of the institution of evidence and proof, in cases of separate proceedings, the court may take into account all by law means of proof. The expert's opinion is admissible, sufficient, reliable and categorical evidence in cases concerning changes in the legal status of individuals; establishing facts that are legally significant for the realization of rights and interests in family and other legal relations (for example, establishing the zygote of twins as a result of merging male and female gametes, establishing kinship (kinship) through molecular genetic examination).

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GROYSBERG, А. I. "ELECTRONIC EVIDENCE IN THE SYSTEM OF CIVIL LAW PROCEEDINGS." Herald of Civil Procedure 9, no. 2 (2019): 55–75. http://dx.doi.org/10.24031/2226-0781-2019-9-2-55-75.

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Nazarov, Valentin V., and Aleksandr D. Zolotuhin. "On the issue of evidence admissibility in civil proceedings." Current Issues of the State and Law, no. 17 (2021): 148–60. http://dx.doi.org/10.20310/2587-9340-2021-5-17-148-160.

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We investigate the procuring evidence in civil proceedings, we come to the conclusion that the court in the procuring evidence is the determining subject. This conclusion follows from the content of the rules of the court’s activity to determine the subject of evidence. By determining the subject of evidence, the court thereby determines and organizes the activities of the persons participating in the case, to prove the circumstances to which it indicated in the subject of evidence, regardless of the persons’ opinion par-ticipating in the case regarding the circumstances that they asked to be in-cluded in the subject of evidence, but the court did not. The decisive role of the court in the procuring evidence is also confirmed by the legislator’s right to apply the rules of evidence admissibility presented by the persons participating in the case for examination in the court session, as well as the right to offer the persons participating in the case to submit additional evidence. We conclude that the rules applied by the court to determine the evidence admissibility represent a specific set. This set includes, in addition to the general rule for determining the evidence admissibility, the rule according to which the evidence admissibility is established by determining their relevance and sufficiency to the circumstances of the subject of evidence. The set also includes rules for determining the procedural form of the evidence presented, including the rules for obtaining them. We believe that the legislator should exclude the current rule on the violations recognition of the procedural form of obtaining evidence as formal, as not complying with the requirements of the legality principle.

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Onosov, Yuri, and Maria Borodailyuk. "Judicial Discretion in Evaluation of Evidence in Civil Proceedings." Rossijskoe Pravo. Obrazovanie, Praktika, Nauka, no. 3 (2021): 40–46. http://dx.doi.org/10.34076/2410_2709_2021_3_40.

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Rudko, K. А. "DUTY TO PROVE AND PRESENT EVIDENCE IN CIVIL PROCEEDINGS." State and Regions. Series: Law, no. 4 (2020): 125–28. http://dx.doi.org/10.32840/1813-338x-2020.4.20.

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Badurowicz, Karolina. "Postępowanie dowodowe w procesie cywilnym w świetle nowelizacji Kodeksu postępowania cywilnego z dnia 4 lipca 2019 r." Studia Iuridica Lublinensia 29, no. 1 (2020): 27. http://dx.doi.org/10.17951/sil.2020.29.1.27-46.

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<p>The paper pertains to the comprehensive amendment to the Polish Code of Civil Procedure of 4 July 2019, which covered, among others, the regulations concerning evidence in civil proceedings. The amendment influenced all the aspects of evidence procedure: means of evidence, taking of evidence, as well as its assessment. The author attempted to analyse the amended provisions through the essence of the influence that the evidence procedure has on the entire court examination proceedings, and in particular whether the amendment introduced any provisions improving the dynamics of civil procedure.</p>

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Gudjonsson, Gisli H. "Psychological Evidence in Court." European Journal of Psychological Assessment 11, no. 1 (1995): 59–64. http://dx.doi.org/10.1027/1015-5759.11.1.59.

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Psychologists began to give evidence in European courts about a century ago. Their original role, heavily influenced by the development of experimental psychology, which has been retained and is successfully being applied to cases. Psychologists have subsequently developed an important clinical role in judicial proceedings, which complements the role fulfilled by forensic psychiatrists. The author argues that psychologists now function more independently than ever before, the demand for their services is growing rapidly both in civil and criminal proceedings, and their status is greatly enhanced.

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Edwards, Susan. "The Self-Incrimination Privilege in Care Proceedings and the Criminal Trial and ‘Shall Not Be Admissible in Evidence’." Journal of Criminal Law 73, no. 1 (2009): 48–68. http://dx.doi.org/10.1350/jcla.2009.73.1.548.

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This article considers the suspension of the self-incrimination privilege in care proceedings and the consequences for respondents and defendants implicated in civil and criminal trials relating to child abuse. This right against self-incrimination is differently applied in the civil and criminal forum. Where there are parallel civil and criminal proceedings and where different rules apply to the disclosure of fact, a respondent in a civil trial later facing criminal proceedings is at a disadvantage. This article explores the tension in the law with regard to a defendant's right to silence and the operation of the self-incrimination privilege with regard to documents and statements made by parties in civil and in criminal proceedings in cases arising from the physical and sexual abuse of children by family members or carers, and the law's overriding objective of child protection. It considers the several issues which arise when self-incriminatory statements are made in one set of proceedings and the use that can be made of these statements in the criminal investigation and at trial. It considers the duty of the criminal court to consider fairness in respect of admissibility of specific evidence (Police and Criminal Evidence Act 1984, s. 78) and also to consider the fairness of the trial as a whole (European Convention on Human Rights, Article 6). These sacrosanct principles and rules of evidence are examined in the context of their application in family/care proceedings and related criminal proceedings for offences of child abuse and the implications for the rights of respondents/defendants.

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Terekhova, Lydia A. "Principles of legal proceedings in the Code of administrative proceedings and in the Civil procedure code." Law Enforcement Review 4, no. 3 (2020): 139–47. http://dx.doi.org/10.24147/2542-1514.2020.4(3).139-147.

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The subject. The system of principles of legal proceedings is one of the indicators of the independence of the type of legal proceedings. The article analyzes the general and distinctive features of the principles enshrined in the Russian Civil Procedure Сode and the Code of Administrative Procedure. The purpose of the article is confirmation or confutation of the hypothesis that there is no independent system of principles of administrative proceedings that differs from the system of principles of civil proceedings. The methodology of the study includes the formal legal method, analysis, synthesis. The main results. All of the principles enshrined in the Code of Administrative Procedure are also enshrined in the Civil Procedure Code except some minor characteristics. So, the active role of the court, involving a number of exceptions to the usual rules of evidence, was also characteristic of the regulation of the consideration of cases arising from public legal relations in the Code of Civil Procedure. The court’s active actions to determine the subject of evidence, to recover evidence are general rules of evidence for all types of proceedings. These rules existed both before the adoption of the Code of Administrative Procedure and after it. But the specifics of the execution of judicial acts adopted in cases of administrative proceedings require special attention. A characteristic feature in the consideration and resolution of most administrative cases is the immediate execution of decisions enshrined directly in the Code of Administrative Procedure. Such a rule can be considered as a priority of immediate execution, which is a characteristic feature of administrative proceedings. The author doubts about the need for normative consolidation of the principles, as well as the need for a special list of principles of administrative legal proceedings in separate article of the procedural code. Conclusons. The absence of an independent system of administrative procedural principles confirms the thesis that administrative proceedings cannot be considered an independent branch of law separated from civil proceedings law. However, the priority of immediate execution of a court decision is a characteristic feature (perhaps even a principle) of administrative proceedings.

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Salmanidina, Aleksandra S. "The Principle of Direct Examination of Evidence in Civil Proceedings." Russian judge 2 (February 26, 2020): 21–26. http://dx.doi.org/10.18572/1812-3791-2020-2-21-26.

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Pattenden, Rosemary. "The Discretionary Exclusion of Relevant Evidence in English Civil Proceedings." International Journal of Evidence & Proof 1, no. 5 (1997): 361–85. http://dx.doi.org/10.1177/136571279700100501.

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Derlatka, Joanna. "Udział biegłego w przesłuchaniu świadka w postępowaniu cywilnym – wybrane problemy." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 41–57. http://dx.doi.org/10.15584/znurprawo.2020.29.3.

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In the light of the Act of 4 July 2019 about the amendment of the Act – Code of Civil Procedure and some other acts, many changes are introduced in the regulations on evidence in civil proceedings. The analysis focuses on presentation and assessment of the effects of changes contained in the Art. 272 1 of the Code of Civil Procedure. This provision provides for the introduction of participation of an expert in the hearing of a witness in civil proceedings. If there is doubt as to the ability to observe or recollect observations of a witness, the court may decide that the witness will testify with the attendance of an expert physician or psychologist, and the witness cannot oppose this. The provision is based on the current regulation of Art. 192 § 2 of the Code of Criminal Procedure. After the amendment enters into force, many problems arise regarding art. 272 1 of the Code of Civil Procedure and the other new procedural solutions, such as omission of evidence or repetition of evidence proceedings.

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Sobecki, Tomasz. "Instytucja biegłego w postępowaniu karnym i postępowaniu cywilnym – podobieństwa i różnice." Radca Prawny, no. 1 (26) (2021): 99–119. http://dx.doi.org/10.4467/23921943rp.21.004.13892.

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Institution of an expert in criminal and civil proceedings – similarities and differences An expert in both criminal and civil proceedings is a qualified assistant of the court (or other procedural bodies) providing special evidentiary information. The opinion issued by him is an independent source of evidence of specific importance. Contrary to a witness, they are not providers of information about facts, but interpreters of these facts from a scientific and technical point of view. They must possess specialized knowledge and experience otherwise unavailable to other participants in the proceedings. The role and function of experts in criminal and civil proceedings are seemingly similar. However, each of these proceedings has many special regulations that cause significant differences in this respect. These differences are the focus of this study.

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Antonów, Kamil. "Powaga rzeczy osądzonej w postępowaniu sądowym w sprawach z zakresu ubezpieczeń społecznych." Przegląd Prawa i Administracji 109 (November 8, 2017): 11–21. http://dx.doi.org/10.19195/0137-1134.109.1.

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THE FORCE OF RES IUDICATA IN AJUDICIAL PROCEEDING IN SOCIAL INSURANCE CASESIn social insurance cases there is no force of res iudicata in the event of re-establishment of aright to abenefit if the person concerned refers to new evidence or disclose circumstances that had existed before the date of issuing the previous decision, should the aforementioned evidence or circumstances affect such entitlement or its amount. It is aresult of adifferent — as opposed to resumption of judicial proceedings — regulation of this institution in social insurance law, characterised by less rigorous as compared to Polish Code of Civil Procedure understanding of grounds for resumption of appeal proceedings. In particular, the “disclosed circumstances” not necessarily need to be new unknown facts and resumption of appeal proceedings is not restricted by the necessity of proving that the party could not have used them in previous proceedings. The force of res iudicata exists only when the court — hearing the appeal against the challenged decision — decides that the conditions for are-establishment of aright to abenefit have not been met, as the new decision denial of the pension authority regards the same factual and legal basis that were covered by the previous verdict.

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Sirazitdinova, Yu R. "Evidence and Proof in Civil and Administrative Proceedings: Comparative Legal Analysis." Rossijskoe pravosudie 4 (March 24, 2020): 72–76. http://dx.doi.org/10.37399/issn2072-909x.2020.4.72-76.

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By comparing the article, some questions of proof and evidence are examined in the Code of Civil Procedure of the Russian Federation, agribusiness of the Russian Federation, CAS of the Russian Federation. An attempt has been made to develop proposals for amending Articles 62 and 122 of the CAS RF.

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Misztal-Konecka, Joanna. "O OBOWIĄZYWANIU ZASADY KONTRADYKTORYJNOŚCI W POSTĘPOWANIU NIEPROCESOWYM: PRZYCZYNEK DO DYSKUSJI." Zeszyty Prawnicze 16, no. 3 (2016): 137. http://dx.doi.org/10.21697/zp.2016.16.3.06.

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The Adversarial Principle in Non-litigious Proceedings: a Contribution to the Discussion Summary The adversarial principle has been applicable in Polish non-litigious proceedings since 1964, when the provisions for litigious and non-litigious proceedings in Polish civil law were integrated in one civil code, and later when its procedural law was fundamentally revised and amended. Prior to this change, the applicable provisions were defined in the 1945 Code for non-litigious proceedings, which did not admit the adversary system, viz. the principle that the parties to proceedings collect evidence and produce witnesses, while the court merely assists and supervises. There are only two situations in which under current Polish civil law the inquisitorial system may supersede the adversary ststem. The two exceptions are: 1) when ex officio proceedings may be initiated on the grounds of a legislative act; and 2) when it is in the public interest to initiate an ex officio inquiry.

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Skibińska, Magdalena. "Problematyka dowodu z zeznań świadka w postępowaniu odrębnym w sprawach gospodarczych." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 247–60. http://dx.doi.org/10.15584/znurprawo.2020.29.16.

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In general, the efficiency of civil proceedings in commercial cases has been improved by introducing the amendment of 4 July 2019 to the Polish Code of Civil Procedure: the subsidiarity of testimonial evidence in the commercial cases. Simultaneously, Article 458 10 of the code doesn’t allow to take an expert witness opinion after testimonial evidence which may, in a particular case, extend the duration of the proceedings. Therefore, this gap should be removed by amendment of this regulation. It should also be taken into account that testimonial evidence needs to be proceeded by hearing of parties due to both the reasons of conducting and the character of both means of proof.

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Stojanowska, Wanda. "FAKULTATYWNA MEDIACJA W PROCESIE O ROZWÓD WEDŁUG ZNOWELIZOWANEGO KODEKSU POSTĘPOWANIA CYWILNEGO." Zeszyty Prawnicze 6, no. 2 (2017): 33. http://dx.doi.org/10.21697/zp.2006.6.2.02.

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Optional Mediation in the Divorce Proceedings as an Effect of the Amendments to the Code of Civil ProceedingsSummaryThe article discusses the provisions amending the Code of Civil Proceedings with respect to the conciliatory proceedings with regard to a divorce. The amendment consists in a removal of the obligatory conciliatory proceedings and introduction of a new procedural means - mediation. The author evaluates the amendments and draws critical conclusions. First, the removal of the conciliatory proceedings was not right. It should have been retained treating it together with mediation as supplementary means. At present the court cannot encourage the parties to use mediation because it is obliged to appoint a sitting and commencing the proceedings for revealing evidence. Moreover, mediation is optional, therefore, it is probable that it will not be used in practice.

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Zhetibaev, Zh K. "Features of electronic evidences in civil proceedings." Law and State, no. 3-4 (2020): 118–37. http://dx.doi.org/10.51634/2307-5201_2020_34_118.

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FOKINA, M. A. "IMPLEMENTATION OF THE CONCEPT OF UNITY OF CIVIL PROCEDURE IN THE MODERN LEGISLATION." Herald of Civil Procedure 11, no. 1 (2021): 30–43. http://dx.doi.org/10.24031/2226-0781-2021-11-1-30-43.

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The article provides a comparative analysis of the legal regulation of proof and evidence in civil and arbitration proceedings, administrative proceedings. From the point of view of the unity and differentiation of the civil procedural form, the problems of legal regulation of proof and evidence in three procedural regulations are considered. The author considers the concept of judicial law as a methodological basis for unification in the legal regulation of proof and evidence. Judicial law is considered as a possible basis for the unity of civil procedure, its main concepts are highlighted: the unity of the goals of civil procedure; the unity of the principles of civil procedure; systemic interconnection of its constituent elements. As a result of the study, the author came to the conclusion that there are unjustified discrepancies in the legal regulation of proof and evidence. The author deduces this conclusion from the analysis of the mechanism of proof, enshrined in three procedural rules, the study of the rules for the distribution of the burden of proof, the admissibility of evidence and the exclusion of evidence. Proposals have been made to improve the legal regulation of proof and evidence, aimed at eliminating unjustified discrepancies. Also, the study raises questions about determining the moment from which the evidence presented by the person participating in the case may lose legal force.

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Ivanov, Dmitriy Aleksandrovich, Sergey Vyacheslavovich Ermakov, Elmir Nizamievich Alimamedov, and Alla Sergeevna Esina. "Security for a civil claim in criminal proceedings." LAPLAGE EM REVISTA 7, no. 1 (2021): 417–22. http://dx.doi.org/10.24115/s2446-6220202171748p.417-422.

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Currently, the criminal policy aims not only to convict the guilty party but also to guide them in the right direction to restore the rights of the victim. It also concerns the pre-investigation bodies and judges to take action to ensure the reparation of damage caused by the crime. The history of the development of civil action in criminal proceedings confirms its importance and the necessity to ensure its further development in the criminal procedure framework. However, to ensure the effective implementation of theoretical aspects of resolving a civil claim into the criminal proceedings practices, it is important to amend and complement the current legislation. According to the obtained results, the authors conclude that the victim, a civil party, or their representatives can gather evidence to confirm their claim through obtaining objects, documents, and other information; interviewing people with their consent; submitting a motion to the investigator on receiving certificates, references, and other documents from public authorities, local authorities, public associations, and other organizations.

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NAKHOVA, E. A. "ON THE MECHANISM FOR DETERMINING THE SUBJECT OF EVIDENCE IN CIVIL PROCEEDINGS." Herald of Civil Procedure 10, no. 3 (2020): 89–99. http://dx.doi.org/10.24031/2226-0781-2020-10-3-89-99.

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Dzumatov, An-M. Din-M. "ON THE ISSUE OF THE COURT'S DEMAND FOR EVIDENCE IN CIVIL PROCEEDINGS." Law Нerald of Dagestan State University 32, no. 4 (2019): 113–17. http://dx.doi.org/10.21779/2224-0241-2019-32-4-113-117.

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Haciuk, Anna. "Umowy dowodowe w sprawach gospodarczych – refleksje na temat nowej instytucji w postępowaniu cywilnym." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 96–106. http://dx.doi.org/10.15584/znurprawo.2020.29.6.

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The purpose of this article is to introduce the new institution in commercial proceedings – evidentiary stipulations. The article presents the views of the Polish doctrine that have evolved over the years as to the admissibility of concluding evidentiary stipulations in civil proceedings, where these considerations primarily concerned evidentiary stipulations as to the choice of evidences and evidentiary stipulations as to the distribution of the burden of proof. The article describes the general characteristics of evidentiary stipulations, and then discusses in detail the regulations introduced in this respect in commercial proceeding.

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ZAGORUIKO, I. Yu, and B. D. EGOROV. "THE ISSUES ADJUDICATED DECISIONS ON TERMINATION OF CRIMINAL PROCEEDINGS ON NON-REHABILITATING GROUNDS IN CIVIL PROCEEDINGS." Herald of Civil Procedure 10, no. 6 (2021): 252–64. http://dx.doi.org/10.24031/2226-0781-2020-10-6-252-264.

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In this article, the authors analyze the provisions of the Institute of prejudice in civil proceedings, concerning the issues of prejudice of judicial acts decided in criminal proceedings, and also highlight some of the problems arising in their application in judicial practice and possible solutions to such problems. The institution of prejudice in civil proceedings has undergone significant changes, including in terms of the list of law enforcement acts, which the legislator has given a pre-judicial value. At the same time, both in the scientific world and in law enforcement practice, the question remains open as to how to correctly assess the information contained in the decision to terminate a criminal case on non-rehabilitating grounds, if such a decision was made not at the judicial stage of criminal proceedings. This problem, in the opinion of authors is becoming increasingly important in light of the reform of the procedural legislation to ensure reasonable terms of consideration of civil disputes, as well as assist people are victims of crime with maximum support from the state in obtaining evidence of harm as a result of this wrongful act.

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CHEKMAREVA, A. V. "DEVELOPMENT OF STANDARDS FOR THE PREPARATION OF CIVIL CASES FOR TRIAL IN THE CIVIL LAW PROCEDURE CODES OF THE RUSSIAN FEDERATION." Herald of Civil Procedure 11, no. 1 (2021): 165–90. http://dx.doi.org/10.24031/2226-0781-2021-11-1-165-190.

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The article highlights the stages of development of legislation regulating preparatory procedural actions in civil cases in courts of general jurisdiction and arbitration courts. The author notes that the Decrees of Peter the Great had an important impact on setting the time limits for the performance of some procedural preparatory actions in the 18th century. The adoption of the Charter of Civil Procedure of 1864 consolidated preliminary written preparation as an important stage in the proceedings that carried out based on adversarial and equality of rights of the parties. The author comes to a conclusion that the stage of preparing the case for trial practically did not exist until 1929, since the 1923 Civil Procedure Code of the RSFSR reduced the essence of the preparation only to the judge’s right to collect necessary evidence for the resolve of the case at the request of the plaintiff and beyond the objections of the defendant. It is noted that the RSFSR Civil Procedure Code, adopted in 1964, also did not call the preparation of the case for trial a mandatory stage of the process; and only in the Resolution of the Plenum of the Supreme Court of the RSFSR of 19 March 1969 “On the Preparation of Civil Cases for Trial” preparation was indicated as independent stage and is obligatory in every civil case. The author emphasizes that the adoption in 2002 of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation significantly changed the preparation of the case for trial, imparting an adversarial character to the preparatory actions. The legislative fundamentalization of this stage allowed the author to present the preparation of the case for trial as a system consisting of two interconnected subsystems (guided and regulatory). The author notes that a systemic approach to studying the preparation of cases for consideration makes it possible to identify the role of preparatory procedures in civil procedure, to regulate the interaction between the court and the parties, to predict possible results from preparatory procedures, and find out the balance between the purposes and aims of preparation at each stage of the proceedings. A comparative analysis of the norms of the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, which regulate the rules on the disclosure of evidence, made it possible to come to the conclusion that it is inexpedient to stipulate in the Civil Procedure Code of the Russian Federation the obligation to disclose evidence without establishing measures of responsibility for its failure to comply. Attention is drawn to the inconsistency of the legislator, who defines Article 132 of the Code of Administrative Proceedings of the Russian Federation as “Aims of Preparing an Administrative Case for Trial”, but does not indicate any of them. The author offers a list of such aims. Noting the specifics of administrative proceedings, the author states that such a problem of preparing an administrative case for trial as reconciliation of the parties can be singled out with a certain degree of conditionality, since the court promotes the reconciliation of the parties if reconciliation is possible in this category of administrative cases. On the contrary, in civil and arbitration proceedings the central place in the modern model of preparatory procedures in the court of first instance should be occupied by two interrelated goals: the first is aimed at maximizing the possibilities of reconciliation of the parties, the second is aimed at the qualitative preparation of the case for consideration in court, in connection with which the importance of the stage of preparing the case for trial is growing, since in the event of conciliation or refusal of the claim, the goal of the proceedings can be achieved without trial. In her study of the problems of scientific understanding of the purposes and aims of both preparatory procedures and entire civil proceedings, the author comes to the conclusion that the effectiveness of judicial protection is directly dependent on the implementation of the targets based on constitutional provisions of civil, arbitration and administrative proceedings. Exploring foreign experience, the author points out that along with effective dispute resolution, a social function becomes an important component of the purpose of civil legal proceedings, without which domestic justice cannot do. In many ways, this should contribute to legislative consolidation of conciliation among the aims of civil, arbitration and administrative proceedings.

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NAKHOVA, E. A. "ON SYSTEMATIZATION OF THE INSTITUTE OF EVIDENCE IN CIVIL PROCEDURE AND ADMINISTRATIVE PROCEEDINGS." Herald of Civil Procedure 11, no. 1 (2021): 135–52. http://dx.doi.org/10.24031/2226-0781-2021-11-1-135-152.

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In the article, the author also comes to the conclusion that it is necessary to systematize the rules of proof and evidence currently enshrined in the procedural codes. In the chapter of the procedural codes regulating the institution of proof and evidence, it is proposed to fix paragraphs devoted to general provisions on evidence, evidentiary activities of persons involved in the case, and means of evidence. In the general provisions, fix the basic categories: evidence, the subject of proof and the mechanism for determining it, general and specific rules for the distribution of responsibilities for proof, circumstances that are not subject to proof, etc. The evidentiary activities of the persons involved in the case should be structured according to the stages of the process (first instance, appeal), and then according to the stages of proof. The legal rules of evidence should be defined through general regulatory issues, the procedure for collecting, presenting (disclosing), research and evaluation. As independent means of proof, it is proposed to consolidate electronic evidence and establish a non-exhaustive list of means of proof. The author comes to the conclusion that the above proposals would help to optimize law enforcement in the first place, regardless of where they would be implemented by the legislator either in the existing procedural codes, or in the existing Concept and subsequently in the unified Civil Procedure Code of the Russian Federation.

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Rezvorovych, K. R. "Peculiarities of Representation in Civil Proceedings." Bulletin of Kharkiv National University of Internal Affairs 85, no. 2 (2019): 44–55. http://dx.doi.org/10.32631/v.2019.2.04.

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The thesis was devoted to the research of the peculiarities of representation in the civil process. The main objective of this thesis is the determination of the peculiarities of legal adjusting for the representation in the civil process. Methodological basis of the thesis consisted of such methods as: formal-logical, system analysis, dialectical and hermeneutical. The relevance of this thesis is evidenced in particular by there that was disclosed such facts as: the content of the institute of representation in civil law and civil process doctrine; the circle of persons who can be representatives in civil procedure. It was made a systematic analysis of the provisions of the Civil Procedure Code (CPC) of Ukraine on the subject of the implementation of the representation of individuals in civil proceedings. There were investigated the problems of restricting the circle of persons who can be representatives in civil proceedings. The analysis of standing and its confirmation by various persons who can carry out representation in civil proceedings was done. According to the results of the research, it was established that modern CPC of Ukraine does not determine the essence of relations between representatives and persons whose interests they realize. The mainstreaming and law-governing influence is mainly related to the legal personality of the representatives, their procedural status. It was also determined the range of duties and rights of representatives within the civil legal process. In addition, it was proved that the modern CPC of Ukraine is being introduced in the state, in fact, a monopoly on the representation of the parties by a lawyer in the courts, in the civil process, but leaves the possibility of realizing the relations of representation between an individual and another person who does not have the lawyer status, who ruled only in, such cold as, minor affairs. Thus, the practical significance of the conclusions reached was aimed primarily at the theoretical and methodological plane to continue the reform of the institution of representation in the civil process, as well as in the practical activities of representatives in the context of expanding the opportunities for individuals to exercise their procedure’s rights.

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Чванкін, Сергій Анатолійович. "Audio and video recordings as a type of electronic evidence in civil proceedings." Theory and practice of jurisprudence 2, no. 18 (2020): 5. http://dx.doi.org/10.21564/2225-6555.2020.18.218694.

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Shabalin, A. V. "THE JUDICIAL EVIDENCE IN CASES OF PROTECTION OF PROPERTY RIGHTS IN CIVIL PROCEEDINGS." Juridical scientific and electronic journal, no. 1 (2021): 104–7. http://dx.doi.org/10.32782/2524-0374/2021-1/23.

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Nekrošius, Vytautas. "The Legality of the Evidence as a Condition of its Admissibility in Lithuanian Civil Procedure." Teisė 118 (March 2, 2021): 8–17. http://dx.doi.org/10.15388/teise.2021.118.1.

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In the article the author, using comparative as well as other methods of scientific research, analyses the issues related to the admissibility of illegally obtained evidence in civil proceedings. The author intends to answer the question of whether the doctrine of the “fruits of the poisonous tree” is applied in Lithuania and, if so, to what extent.

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Trifonova, Z. V. "Relevance of An Expert Witness Report Submitted as Evidence in a Case." Theory and Practice of Forensic Science 12, no. 4 (2017): 78–82. http://dx.doi.org/10.30764/1819-2785-2017-12-4-78-82.

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The expert witness report plays a crucial part in any type of forensic investigation; forensic engineering and land surveying are no exception. This article focuses on relevance as a major criterion in the evaluation of a forensic expert’s report. The author identifies the main factors that shape the characteristics of this type of evidence that ensure the relevance of expert opinion in criminal, civil, or administrative proceedings

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Smagina, Elena S. "New Obligations of Parties to Civil Proceedings: The Development of Procedural Activity or Additional Encumbrance." Arbitrazh-civil procedure 12 (November 26, 2020): 9–13. http://dx.doi.org/10.18572/1812-383x-2020-12-9-13.

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The article examines the new legal regulation of the obligations of participants in civil proceedings: to disclose evidence, send documents, indicate one of the defendant’s identifiers in the statement of claim, comply with a claim or other pre-trial procedure for resolving a dispute.

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Du, Jin, Liping Ding, and Guangxuan Chen. "Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings." International Journal of Digital Crime and Forensics 12, no. 3 (2020): 111–21. http://dx.doi.org/10.4018/ijdcf.2020070108.

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As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

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Gray, Anthony Davidson. "Forfeiture Provisions and the Criminal/Civil Divide." New Criminal Law Review 15, no. 1 (2012): 32–67. http://dx.doi.org/10.1525/nclr.2012.15.1.32.

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The Australian Government has recently implemented civil forfeiture provisions for property suspected to have been acquired unlawfully. The Australian Federal Police may seek a preliminary unexplained wealth order. The Court may make such an order if there is evidence the wealth may have been acquired from unlawful means. Once the order is made, a full hearing takes place. There it is presumed that such property was unlawfully gained, unless the person who owns the property can show otherwise. Such proceedings can take place without the property owner being charged. The article considers the historical basis of such orders, and their use in the United States and United Kingdom. It is argued that such proceedings are in fact criminal in nature, despite how they are labelled. The article engages with the discusssion in the larger context of the divide between criminal and civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be argued from previous cases that there is an implicit right to a fair trial, including a presumption of innocence.

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Prusinowski, Piotr. "Wybrane zagadnienia postępowania dowodowego w sprawach z zakresu ubezpieczeń społecznych w świetle orzecznictwa sądowego." Przegląd Prawa i Administracji 109 (November 8, 2017): 85–96. http://dx.doi.org/10.19195/0137-1134.109.6.

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FIELD OF SOCIAL INSURANCE — SELECTED ISSUESEvidentiary proceedings in cases in the field of social insurance show significant autonomy in relation to the general model of proceedings in civil cases. However, the extent of possible deviations is not always clearly defined. The question of modifying the pattern of evidence in this category of cases is particularly problematic. In jurisprudence there has been adiscrepancy, which leads to regionalization of litigation attitude. Moreover, the position of the Supreme Court is also unclear. As aresult, it is necessary to take interpretative effort to create afocused directive to unify the course of evidentiary proceedings in cases in the field of social insurance.

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DOLOTIN, R. R. "STUDY OF THE PROCEDURAL FORM OF SIMPLIFIED PROCEEDINGS IN THE CONTEXT OF THE PROBLEM OF IMPLEMENTATION OF THE PRINCIPLE OF PROCEDURAL ECONOMY." Herald of Civil Procedure 11, no. 3 (2021): 212–23. http://dx.doi.org/10.24031/2226-0781-2021-11-3-212-223.

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The search for an optimal balance between the result of legal proceedings and the way to achieve it is currently one of the most important areas of development of procedural legislation. In this regard, there is a need to use not only the general procedure for the consideration and resolution of cases, but also a special one, which contributes to the rational simplification and acceleration of procedures. In this sense, the study of the procedural form used in the claim and simplified proceedings is of particular value. The author comes to the conclusion that in simplified proceedings, a truncated procedural form is used, which is characterized by such manifestations of procedural economy as the absence of a preliminary meeting, summoning the parties to a court session, the prohibition of the court’s examination of evidence provided in violation of deadlines, making a decision without a reasoned part, etc. It is noted that the effectiveness of arbitration proceedings should not be achieved by violating the fundamental principles of civil proceedings. In conclusion, the author concludes that the procedural form should be defined as a system of scientifically grounded, normatively defined conditions of effective and correct resolution of civil cases, determined by legal relations to be protected.

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Pritayanti Dinar, I. Gusti Agung Ayu Gita. "Komparasi Hukum Acara Pembuktian E-Arbitration di Indonesia dengan Shenzhen, Cina." Acta Comitas 5, no. 3 (2021): 631. http://dx.doi.org/10.24843/ac.2020.v05.i03.p17.

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Online dispute resolution (ODR) is designed to facilitate the proceedings of parties dispute through online technology media such as PCSs, laptops and cell-phones. ODR is expected to facilitate an effective mediation, adjudication communication, so it can provide benefits in the form of time and cost efficiency in dispute resolution. The research questions investigated in this study are: (i) What are the advantages of the concept of proceedings by e-arbitration? (ii) Does the e-arbitration evidence collection procedure in accordance with the evidence principles of civil procedure law? This study employs the normative legal research method. The theories applied in investigating the problems in this research are the economic-legal theory and evidence principles. Through this study, it can be determined the comparison of procedure, benefit of e-arbitration evidence regulation in ShenZhen and Indonesia.

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Journal articles on the topic 'Evidence in civil proceedings'

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