MEANS OF EVIDENCE IN CIVIL LEGAL PROCEEDINGS OF UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 2, Issue
Abstract
The basic principles of the implementation of civil proceedings are the principle of legality, transparency, adversarial, procedural equality of parties, discretion, justice, etc. As is known, the implementation of these principles covers a system of processes that should be clearly defined at the legislative level. The process of proof, which is a legally regulated procedural and, at the same time, mental activity of persons involved in the proceedings, aimed at identifying, claiming, collecting, consolidating evidence, as well as presenting and evaluating their trial at different stages of the process aimed at the full and complete consideration of the merits and the adoption of a reasoned decision is not an exceptionEvidence is any data on the basis of which the court establishes the presence or absence of circumstances (facts) justifying the claims and objections of the participants in the case, and other circumstances that are relevant for the resolution of the case.In accordance with the norms of the Civil Procedural Code of Ukraine, admissible evidence in civil proceedings is: written, substantive and electronic evidence; conclusions of experts; testimony. The article is devoted to topical issues of introducing short stories and changes in the civil procedural legislation of Ukraine, namely the introduction of a provision on the definition, the procedure for providing and researching electronic evidence as a separate means of proof. The criteria that the evidence in the civil legal proceedings of Ukraine must match. The characteristics and peculiarities of the application of admissible evidence are presented.
Authors and Affiliations
А. В. Аксютіна, Я. А. Олійник
Keywords
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