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 uniform in all legal areas. Further in the article will be considered concept and classification of evidence in the civil process.

general characteristics

Before we consider classification and types of evidence in the civil process, let us turn to some norms of the legislation.Let's start with the AIC. In Article 64 of the Code of evidence, evidence is considered as information, according to which the absence / presence of facts confirming the objections and claims of the participants in the process and other circumstances relevant to the proceedings is 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 the circumstances to be proved are determined. 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. It is worth saying that Classification of evidence in civil and arbitration proceedings 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

Classification of evidence in the civil process on this basis allows us to distinguish:

1. Subject sources. These include audio, video recordings, material 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 different 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

Classification of evidence in the civil process on this basis implies separationsources on immediate (initial) 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. They should include the testimony that they give on the basis of information received from others, a copy of the documents.

Attitude to the confirmed circumstance

TOclassification of evidence in civil proceedings involves the separation of sources into indirect anddirect. 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

Experts considering The problems of classification of evidence in the civil process, analyze not only the characteristics of those orother sources, but also how to use the information obtained from them. So, for example, when studying indirect data, experts pay attention to the fact that these facts contain a multi-valued connection with a confirmed or refuted circumstance. If you take one such source separately, then, based on it, you can formulate several versions, in some cases, opposing each other.

Application rules

Classification of evidence in the civil process allows to develop adequate methodsuse of 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. A set of indirect information is necessarypresent as a specific 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,their closed list. 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 recording.
4. Material and documentary evidence.
5. Expert opinions.

Other means are not provided by the legislation.

Specificity of individual sources

Often the opportunity to use realEvidence 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 the external features of the parties to the dispute, witnesses, persons not participating in the proceedings. Thus, 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 that are 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 variety ofintelligence. They may or may not be relevant. Evidence that is relevant to the dispute on the merits is referred to as attributable. It is they who can confirm or deny 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 meaning for the case, 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 practicerules for the provision of evidence have been developed. So, in the dispute on the restoration of a citizen who has been released on the initiative of the leadership, copies of orders for transfer to the state, transfers, dismissals, certificates of earnings must 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 confirmed by specific materials, can not be verified by other information. The court is entitled to use only those types of evidence that are determined by law. At the same time, he can not allow separate means of confirmation of facts for some categories of disputes. 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 certificate is a 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, the mostdifferent types of evidence. 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. In 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.