One of the complex problems of the theory and practice of Russian law is the definition of the subject of proof. The difficulty is that there is no legislative definition indicating what it is. Only in the articles of the procedural laws does it say that the court determines which circumstances are relevant to the case and which are not.
Application practice
If a clear concept is not given, then practice always has a development path that all legislation as a whole seeks to follow. The subject of proof contains a meaningful side, composed by sources, on which the court is guided. First of all, these are material norms that regulate the relevant legal relations. In addition, the basis of the claim and its return have an important role. With the help of these constructions, a conclusion is drawn on how to determine what is to be investigated in a particular case.
The subject of evidence in criminal proceedings
It is clear that the features of the process dictate the differences between civil and criminal proceedings. In a criminal case, the subject of proof is always the same; there is no direct dependence on the circumstances of a particular case. There are separate compounds that fall out of this rule. But basically the same thing is always proved. To begin with, this concerns the crime event. This includes the place, method, time of the commission of the wrongful act, there may be other circumstances. Next, the guilt and motive of the criminal are determined. To differentiate the punishment, it is necessary to collect information about the personality of the person who committed this act, as well as about other circumstances that may be of importance. It is important to establish the extent of the damage. In addition, the investigating authorities identify both the conditions and the reasons that could contribute to the commission of a specific crime.
It has its own specifics. Unlike criminal law, the subject of proof in civil matters is always different. It depends on specific circumstances and is due to the characteristics of various categories of cases. There are basic and non-basic (optional) facts that need to be established. The absence of the former or their erroneous use entails the annulment of the sentence. For example, for non-pecuniary damage to be recovered, it is necessary that there are grounds for this, which are listed in the law. As for other facts, a debate has arisen among researchers and practitioners as to whether they are included in the subject of proof. After all, it turns out that in this case we need to talk about the extent to which legal proceedings are carried out. This point of view seems most correct. In addition, it is necessary to talk about the significance of procedural facts, as well as verification, without which the subject of proof is not finally formed. In general, verification provisions allow you to determine the reliability of an event, action or document. Thus, on the basis of this, the final decision is formed, which is formulated by the court in the reasoning part.