NECESSARY (COMPULSORY) EVIDENCES IN CIVIL PROCEDURE

2021 ◽  
Vol 11 (5) ◽  
pp. 61-70
Author(s):  
S.V. NIKITIN
Keyword(s):  
Expert Opinion ◽  
Civil Procedure ◽  
Legal Obligation ◽  
Forensic Evidence ◽  
Civil Proceedings ◽  
Special Rule ◽  
Factual Data

In this article, the author examines the concept and procedural and legal significance of necessary (mandatory) forensic evidence. It analyzes the formulated by M.K. Treushnikov, who was the first in the procedural doctrine who paid attention to the legal obligation to use certain means of proof when establishing certain legal facts, the positive rule of admissibility of evidence, the positions of other authors on the issue of necessary evidence in civil proceedings. The rule of necessary (obligatory) evidence is considered as a special rule of judicial proof. At the end of the study it is concluded that the allocation of necessary evidence is carried out from the same content of factual data, reflecting the same fact, based on the peculiarities of their procedural form. Necessary evidence in its form is a specific type of a written document or expert opinion. Thus, the rule of proving the circumstances of the case with the use of necessary evidence concerns the form of evidence, beyond its content. The thesis is also put forward that necessary evidence, due to the specifics of the procedure for its formation, the presence of requirements established by law to its form and content, has a significant evidentiary value.

ON EVIDENCE AND PROOF IN CIVIL PROCEDURE (IN MEMORY OF PROFESSOR M.K. TREUSHNIKOV)

2021 ◽  
Vol 11 (5) ◽  
pp. 34-48
Author(s):  
T.V. SAKHNOVA
Keyword(s):  
Civil Procedure ◽  
Forensic Evidence ◽  
Basic Principles ◽  
The Core ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Litmus Test ◽  
Evidence And Proof ◽  
The 19Th Century

Proof and evidence reflect the quintessence of civil procedure; this is the “litmus test”, which inevitably and clearly shows the effectiveness (or ineffectiveness) of basic principles, efficiency (or ineffectiveness) of the legislative paradigm of civil procedure, predictive function of science. It is no coincidence that the problems of proof and evidence-including in their traditional hypostasis-have always been the focus of attention of prominent domestic proceduralists, beginning in the 19th century. A pleiad of Russian pre-revolutionary scholars who turned their eyes to forensic evidence – E.V. Vaskovskii, A.Kh. Golmsten, K.I. Malyshev, E.A. Nefediev, B.V. Popov, – which is continued in the 20th century by S.N. Abramov, A.F. Kleinman, S.V. Kurylev, P.P. Gureev, L.P. Smyshliaev, Ia.L. Shtutin, and K.S. Iudelson (we do not aim to name all names) is brilliant. And not coincidentally, we believe, the problems of judicial proof and judicial evidence became the core of scientific research and achievements of Professor M.K. Treushnikov, who continued the best traditions of domestic jurisprudence and formulated the basis of the modern evidential paradigm in civil proceedings, which was legislatively reflected in the 2002 Civil Procedure Code of the Russian Federation.

scholarly journals PORT AS EVIDENCE IN THE CIVIL PROCEEDINGS OF LATVIA

2020 ◽  
Vol 1 ◽  
pp. 73-79
Author(s):  
I. Kudeikina
Keyword(s):  
Expert Opinion ◽  
Civil Procedure ◽  
Road Accidents ◽  
Interested Party ◽  
Expert Report ◽  
Civil Case ◽  
Civil Proceedings ◽  
Forensic Expert ◽  
The Right ◽  
In Fire

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.

WAYS TO IMPROVE CORRESPONDENCE PROCEEDINGS IN CIVIL PROCEDURE

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Аюб Бисланович Сулейманов
Keyword(s):  
Social Networks ◽  
Civil Procedure ◽  
Special Position ◽  
Civil Proceedings

Статья посвящена исследованию отдельных путей развития института заочного производства с учетом мнения отдельных исследователей и практиков. Раскрываются не только отдельные недостатки в данном виде гражданского судопроизводства, но и предлагаются реальные пути их преодоления, начиная с учреждения специальной должности - судебного курьера, использованием социальных сетей, а также соответствующих изменений в действующее законодательство. The article is devoted to the study of individual ways of development of the institution of correspondence production, taking into account the opinions of individual researchers and practitioners. It reveals not only individual shortcomings in this type of civil proceedings, but also offers real ways to overcome them, starting with the establishment of a special position - a judicial courier, using social networks, as well as corresponding changes to the current legislation.

APPEAL AND COMPLAINT IN CIVIL PROCEEDINGS AFTER THE CHANGES MADE BY THE ACT OF JULY 4, 2019. – SELECTED ISSUES

2020 ◽  
Vol 4 (XX) ◽  
pp. 181-201
Author(s):  
Mariusz Śladkowski
Keyword(s):  
Civil Procedure ◽  
Fair Trial ◽  
Legal Regulations ◽  
Civil Proceedings ◽  
Civil Cases ◽  
Civil Courts

One of the most important changes to the legal regulations in 2019 is the reform of the civil procedure introduced by the Act of July 4, 2019 amending the Act - Code of Civil Procedure and certain other acts. One of the most important goals of this reform was to improve the implementation of the civil right to a fair trial. According to the authors of the reform, the existing solutions in terms of the manner of conducting civil proceedings have worked well under conditions of a relatively low burden on civil courts. Nowadays, when the number of civil cases is gradually increasing, the legislator’s efforts are required that will realistically simplify and accelerate the proceedings in these cases. As part of the amendment in question, two far-reaching changes were made to two means of appeal, basic for civil proceedings, i.e. an appeal and a complaint

scholarly journals Results of the Procedural Reform of the Corporate Dispute Resolution Procedure

2020 ◽  
Vol 11 ◽  
pp. 49-51
Author(s):  
Evgeniy S. Razdyakonov ◽  
◽  
Igor N. Tarasov ◽  
Keyword(s):  
Dispute Resolution ◽  
Civil Procedure ◽  
Procedure Code ◽  
Civil Proceedings ◽  
General Part ◽  
Procedural Reform

The article examines some of the results of the procedural reform in terms of the resolution of corporate disputes by courts. The authors formulated four main theses that reflect the essence of this reform: the division of competence in corporate disputes between courts of general jurisdiction and arbitration courts, the expansion of the arbitrability of corporate disputes, the implementation of the principle of one-time consideration of a corporate dispute, the consolidation of new subjects of civil proceedings in corporate disputes not named in the general part of the Commercial Procedure Code of the RF and the Code of Civil Procedure of the RF.

scholarly journals Objections to a Cassation Appeal in Civil Proceedings in a Cassation Court of General Jurisdiction: Legal Regulation Drawbacks

2020 ◽  
Vol 11 ◽  
pp. 44-46
Author(s):  
Aleksandr M. Grebentsov ◽  
Keyword(s):  
Legal Regulation ◽  
Civil Procedure ◽  
Civil Proceedings

The article is devoted to the problem of legal regulation of the procedure for submitting objections to a cassation appeal in cassation proceedings in cassation court of general jurisdiction. The article points out the absence in the Code of Civil Procedure of a procedure for submitting objections to a cassation appeal taking into account the principle of competitiveness and equality of the parties, and suggests a solution to this problem.

scholarly journals Procedural Duties of the Parties in a Civil Procedure

2021 ◽  
Vol 1 ◽  
pp. 25-29
Author(s):  
Nikolay D. Gribov ◽  
Keyword(s):  
Civil Procedure ◽  
Good Faith ◽  
Civil Proceedings ◽  
Procedural Rights

The purpose of this article is to highlight the specific procedural obligations of the parties in the civil proceedings. Based on the results of the study, the author identifies the following obligations: use procedural rights in good faith, show respect for the court or other persons involved in the case, inform the court about the change of name, address during the proceedings, disclose evidence, prove the circumstances, to which the person participating in the case refers, provide the required evidence, perform all procedural actions on time, submit procedural documents that meet the requirements of the procedural codes for form and content, notify the court of the reasons for failure to appear at the court session and provide evidence of valid reasons.

scholarly journals Some Arguments about the Benefits of Applying the System of Civil Procedure Law in Civil Proceedings

2020 ◽  
pp. 060-066
Author(s):  
A. D. Zolotukhin ◽  
◽  
L. A. Volchihina ◽  
Keyword(s):  
Positive Result ◽  
Civil Procedure ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

On the basis of research, the structure of civil procedural law is defined as a system rather than an elementary set of legal norms and institutions. Determining the significance of the system of civil procedural law, it was concluded that having individuality, such a structure is one of the features that distinguish civil procedural law from other branches of law. The authors also come to the conclusion that the established properties of the system of civil procedural law, such as unity, interconnection (interaction) and independence of application, determine the possibility of applying individual elements of the structure of the system of civil procedural law, when considering substantive situations as an independent both individually and collectively. This ensures the possibility of obtaining the required positive result and characterizes it as universal. Critically examining various concepts, the authors offer their own definition of the concept of the system of civil procedural law. The conclusion is also made about the relationship of the system of civil procedural law with the principles of civil procedural law and the procedural form of civil legal proceedings.

scholarly journals Opunomoćenici u upravnom sporu

2020 ◽  
Vol 41 (1) ◽  
pp. 69-85
Author(s):  
Marko Šikić ◽  
Mateja Held
Keyword(s):  
Subject Matter ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
The Subject ◽  
Administrative Courts

Amendments to the Act on Administrative Disputes 2014 added paragraph 2 to the Article 21. It refers to the proper application of the provisions of the Civil Procedure Act in administrative disputes. The Croatian administrative courts have taken a restrictive approach in interpreting that provision, which excludes certain categories of persons from representing complainants and interested parties. The paper problematizes the concept of the authorised representatives in administrative disputes and emphasizes expertise and quality as important features of the representation in general, including the authorised representatives in administrative disputes. The comparative arrangements of European systems in the subject matter are also analysed. It is argued that when interpreting the representation provisions, it is necessary to consider the particularities of the administrative dispute, but also the formulation of the provision, which undoubtedly leaves room for interpretation, as it refers to the “appropriate” application of the provision governing representation in civil proceedings.

scholarly journals Mediator jako zawód włączony w ustrój sądów powszechnych – praktyka zmian dotyczących mediacji cywilnej

2018 ◽  
Vol 27 (3) ◽  
pp. 129
Author(s):  
Anna Kalisz
Keyword(s):  
Civil Procedure ◽  
Significant Part ◽  
Social Knowledge ◽  
Private Law ◽  
Western Countries ◽  
Civil Proceedings ◽  
The Social ◽  
Eu Directives ◽  
The Eu ◽  
Commercial Disputes

<p>The article is an attempt to examine the results of the amendments, which have been introduced to civil procedure and to mediation law since the 1<sup>st</sup> January 2016. Mediation corresponds with the nature of private law and in many other Western countries it has become a significant part of justice in civil, commercial and family matters. The examined updating was meant to: raise the social knowledge and recognition of mediation; increase the number of mediations conducted; motivate lawyers to apply it as a solution for legal disputes; raise the standards of professional court mediators and – last but not least – shorten the length of the civil proceedings. Most of the changes have been inspired by the EU directives on commercial disputes.</p>

Sign in / Sign up

Export Citation Format

Share Document