The concept and classification of evidence in the civil process

In various legal branches the concept of "proof" is interpreted in various ways. Meanwhile, its essence is unified in all legal fields. . Further in the article, the concept and classification of evidence in the civil process will be examined.

general characteristics

, обратимся к некоторым нормам законодательства. Before we consider the classification and types of evidence in the civil process , let us turn to certain norms of legislation. Let's start with the AIC. In Article 64 of the Code of evidence, evidence is considered as information in accordance with which the absence / presence of facts confirming the objections and claims of the participants in the process and other circumstances relevant to the proceedings are determined. According to Art. 26.2 of the Code of Administrative Offenses, they include any factual information on the basis of which the course of events is established, the guilt of the subject who is brought to justice. According to Article 55 of the Code of Criminal Procedure, they name facts on which circumstances are determined to be proved. As you can see, the essence of these definitions is one.

Classification of judicial evidence in the civil process

The legislation provides for a list of information on the basis of which certain facts that are important for the proper resolution of a case are determined. основывается на одних критериях. It is worth saying that the classification of evidence in civil and arbitration processes is based on certain criteria. They include:

1. Method of education.
2. Reliability.
3. Relation to the confirmed circumstance.

Let's consider the criteria in detail.

Method of education

по этому признаку позволяет выделить: Classification of evidence in the civil process on this basis allows us to distinguish:

1. Subject sources. These include audio, video, physical evidence.
2. Oral information. This group consists of testimony of witnesses, explanations of participants in the case and third parties.
3. Written sources. They include various documents: petitions, lawsuits, objections, protocols, materials drawn up on behalf of, expert opinions, etc.

Separately, there is a classification of written evidence. In a civil procedure, documents may be submitted in originals or copies, be personal or official.

Reliability

по этому признаку предполагает разделение источников на непосредственные (первоначальные) и опосредованные (производные). Classification of evidence in the civil process on this basis implies the separation of sources into immediate (original) and mediated (derivatives). The first include, for example, testimony of eyewitnesses, original documents, video, audio recordings. Derivatives are such proofs, which contain an indication of the source, they can even convey the essence of the latter. These should include the testimony that they give on the basis of information received from others, a copy of the documents.

Relation to the confirmed circumstance

предполагает разделение источников на косвенные и прямые. The lending of evidence in the civil process presupposes the separation of sources into indirect and direct sources. The latest are the information that allows you to directly establish a specific legal fact. For example, the marriage certificate confirms the registration of family relations. Indirect evidence is considered to be capable of determining the fact only in the relationship. The criteria of relevance to the confirmed circumstance are based on the classification of physical evidence in the civil process.

Nuances

, анализируют не только характеристики тех или иных источников, но и способы использования полученных из них сведений. Experts considering the problems of classification of evidence in the civil process , analyze not only the characteristics of certain sources, but also the ways to use the information obtained from them. So, for example, when studying indirect data, specialists pay attention to the fact that these facts contain a multi-valued connection with a confirmed or refuted circumstance. If we take one such source separately, then, based on it, we can formulate several versions, in some cases, opposite to each other.

Application rules

позволяет выработать адекватные методы использования тех или иных источников, сведений, полученных из них. Classification of evidence in the civil process allows you to develop adequate methods of using certain sources, information obtained from them. So, special rules are formulated for the application of indirect facts. Authorized persons should remember that:

1. To formulate a reliable conclusion based on indirect information, it is necessary to consider them in a complex.
2. The conformity of the reality of each analyzed fact should not be questioned.
3. The complex of indirect information must be presented as a definite system. This aggregate should provide the basis for formulating the only possible conclusion about the confirmed / refutable circumstance.

Means of Evidence

The legislation establishes a specific, closed list of them. It is not subject to broad interpretation or reduction. With the help of means of proof, the court acquires certain information that is relevant to the proceedings. They include:

1. Explanations of the parties to the dispute and third parties.
2. Witness's testimonies.
3. Video / audio recordings.
4. Material and documentary evidence.
5. Expert opinions.

Other means are not provided by the legislation.

Specificity of individual sources

Often the possibility to use physical evidence without fixing their external characteristics in documents is not allowed. For example, a commercial certificate issued by the railway transport enterprise to confirm damage to the cargo indicates information about seals, damage of which is also included in the paper. To material evidence, one can attribute external features of the parties to the dispute, witnesses, persons not participating in the proceedings. So, the portrait similarity of the child and the prospective parent can act as a confirming fact in the establishment of paternity. In the current CCP video / audio recordings are considered material evidence. However, some experts point to the inaccuracy of the wording. According to some lawyers, these sources can be considered a variety of material evidence. They really are subjects on which it is possible to establish those or other circumstances, significant for the proceedings. However, the relevant information is extracted not from their external form, but from the content.

Relativity and Acceptability

Participants in the dispute provide the court with a wide variety of information. They may or may not be relevant. Evidence that is relevant to the dispute on the merits is called attributable. It is they who can confirm or refute the circumstances to which the parties refer in the course of the proceedings. Materials that are not relevant to the dispute are excluded from consideration. The entity submitting the petition for claiming the evidence must indicate what facts will be confirmed to them. The authority authorized to consider the dispute has the right to reject certain sources, as having no significance for the matter, at any stage, including when making a decision. In the judgment, the court must give reasons why he did not take the evidence into account.

Regulatory requirements

When considering certain cases, in practice rules for the provision of evidence have been developed. So, in the dispute on the restoration of a citizen who has been released at the initiative of the management, copies of orders for admission to the state, transfers, dismissals, certificates of earnings should be presented. The burden of proving the lawfulness of the acts committed in this case rests with the defendant. The circumstances of the proceedings, which must be supported by specific materials, can not be verified by any other information. The court is entitled to use only those types of evidence that are determined by law. However, he can not allow for separate categories of disputes separate means of evidence of facts. For example, according to Article 162 of the Civil Code (Part 1), non-observance of the written form of the agreement deprives the participants of the right to refer to the dispute in the process of confirming the transaction and setting its conditions for witness testimony. However, participants can provide written and other evidence. In the case of recognizing the subject as legally incompetent, a medical report is the mandatory supporting document. It can not be replaced by any other evidence. If the decision is based on inadmissible information, it must be canceled.

Conclusion

In civil proceedings, a variety of types of evidence are used. Some of them are attached to the lawsuit when they are submitted to an authorized body. The list of mandatory documents is established by the CCP, the AIC and other norms. As part of the proceedings, the court can only use evidence that has value for the case. To determine this, it is necessary to study all the materials provided by the parties.