In different legal sectors, the concept of "evidence" is interpreted in different ways. Meanwhile, its essence is one in all legal fields. The remainder of this article will be considered The concept and classification of evidence in civil proceedings.
Before will be considered Classification and types of evidence in civil proceedings, refer to some provisions of the legislation. Let's start with the APK. In article 64 of the code of evidence is viewed as information, which is determined by the absence/presence of evidence to support the objections and requirements of stakeholders, and other relevant to the proceedings, the circumstances. According to article 26.2 of the administrative code, include any factual information, on the basis of which set the course of events, the guilt of the subject, who is being held accountable. According to article 55 of the criminal procedure code, they are called facts, which determined the circumstances to be proven. As can be seen, the essence of these definitions alone.
The legislation provides a list of information on the basis of which identifies the facts relevant to the proper resolution of the case. It is worth saying that The classification of evidence in civil and arbitration proceedings based on some criteria. These include:
Let's Consider the criteria in detail.
Classification of evidence in civil proceedings this feature allows you to highlight:
Separately there is a classification of written evidence. In the civil process the documents can be submitted in originals or copies, be personal or official.
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Classification of evidence in civil proceedings on this basis involves the separation of sources in the immediate (initial) and indirect (derived). The former include, for example, the testimony of witnesses, original documents, video, audio. Derivatives are considered to be such evidence, which refers to the source, they can even convey the essence of the latter. They include testimony that they give on the basis of information obtained from other persons, copies of the documents.
; nine things to read evidence in civil proceedings Involves the separation of the sources direct and indirect. The latter are the data that allow you to directly set a specific legal fact. For example, the Saint of marriage confirms the registration of family relations. Indirect evidence is considered, able to determine the fact only in the relationship. Criteria relevance to reaffirm the fact is based the classification of evidence in civil proceedings.
Experts look at The classification problem of evidence in civil proceedings to analyze not only the characteristics of certain sources, and methods of use derived from these data. For example, studying the indirect data, the experts draw attention to the fact that these facts contain a multivalued connection to confirm or refute a fact. If you take one such source separately, then based on this, it is possible to formulate several versions, in several instances, opposite to each other.
Classification of evidence in civil proceedings allows you to develop adequate methods of using those or other sources, information obtained from them. Thus, the special rules formulated for the use of circumstantial evidence. Authorized persons should be aware that:
The law establishes a specific, closed list of them. He is not subject to interpretation or reduction. With the help of means of proof, the court obtains specific information relevant toproceedings. These include:
Other means not provided by the legislation.
Often the ability to use evidence without securing their external characteristics in the documents is not allowed. For example, a commercial act issued by the enterprise of railway transport in the confirmation of the carriage of goods, specifies information about the seals, the damage of which is also included in the paper. To the physical evidence can be attributed to the external features of the parties to the dispute, witnesses, persons involved in the proceedings. So, a resemblance of child and alleged parent may act as confirming in establishing paternity. In the current code of civil procedure of the video/audio recordings are considered evidence. However, some experts point to the inaccuracy of the wording. According to some lawyers, these sources can be considered a kind of evidence. They are indeed subjects for which you can set certain circumstances important for the proceedings. However, relevant information is extracted not from an external kind, as from the content.
The parties to the dispute submit to the court a variety of information. They may or may not be relevant to the case. The evidence that has value to the dispute on the merits, call attributable. They can confirm or disprove the circumstances, which the parties refer to the proceedings. Materials that are not relevant to the dispute are excluded from consideration. The subject claim petition for the recovery of evidence should indicate what the facts will be confirmed. The authority responsible for settlement of the dispute, shall have the right to reject certain sources as not having for business value at any stage, including when making decisions. In the decision the court must give reasons why he did not take the evidence into account.
When dealing with some cases in practice, developed guidelines for the provision of evidence. So, on the dispute about restoration on work of the citizen, freed at the initiative of the management, shall be offered copies of orders of enrollment in the state, transfers, dismissals, certificate of earnings. The burden of proof of legality of the acts committed in this case rests with the defendant. The circumstances of the proceedings that must be supported by concrete materials can not verify other information. The court may only use the types of evidence set out in the legislation. However, he cannot allow certain categories of disputes of certain means of confirmation of the facts. For example, according to article 162 of GK (h 1) failure to comply with written form of the contract deprives the parties of their right to refer the dispute during the verification process of the transaction and determination of its conditions to the testimony. However, the participants can give written and other evidence. In the case of the recognition of the subject is incapacitated as a mandatory supporting document is a medical report. It can not be replaced by any other evidence. If the decision is based on incorrect information, it should be abolished.
In civil proceedings uses various types of evidence. Some of them are attached to the claim when submitting it to the competent authority. The list of mandatory documents is set GPK, APK and other standards. In proceedings, the court can only use evidence that has for business value. To determine this, it is necessary to examine all the materials submitted by the parties.
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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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