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.
Case translation: Bulgaria
