The concept and classification of evidence in civil proceedings

In various legal sectors, the concept of “evidence” is interpreted in various ways. Meanwhile, its essence is the same in all legal areas. Further, the article will consider the concept and classification of evidence in a civil process .

general characteristics

Before we consider the classification and types of evidence in the civil process , we turn to some of the rules of law. Let's start with the agro-industrial complex. In article 64 of the Code, evidence is considered as information, in accordance with 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 held accountable. According to article 55 of the Code of Criminal Procedure, they refer to facts that determine the circumstances to be proved. As you can see, the essence of these definitions is one.

Classification of judicial evidence in civil proceedings

The legislation provides a list of information on the basis of which certain facts are determined that are relevant to the proper resolution of the case. It is worth saying that the classification of evidence in civil and arbitration processes is based on the same criteria. These include:

1. Way of education.
2. Credibility.
3. Relation to the confirmed circumstance.

Consider the criteria in detail.

Way of education

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

1. Subject sources. These include audio, video, material evidence.
2. Oral information. This group consists of testimonies of witnesses, explanations of the participants in the case and third parties.
3. Written sources. They include various documents: petitions, statements of claim, objections, protocols, materials drawn up on behalf of, expert opinions, etc.

Separately, there is a classification of written evidence. In a civil proceeding, documents may be presented in originals or copies, be personal or official.

Credibility

The classification of evidence in the civil process on this basis involves the separation of sources into direct (initial) and indirect (derivatives). The first include, for example, eyewitness accounts, original documents, video, audio recordings. Derivatives are considered such evidence, which contains an indication of the source, they can even convey the essence of the latter. These should include the testimony they give on the basis of information received from other persons, copies of documents.

Relation to Confirmed Circumstances

The classification of evidence in a civil proceeding involves the separation of sources into indirect and direct. The latest is information that allows you to directly establish a specific legal fact. For example, the certificate of marriage confirms the registration of family relations. Indirect evidence is considered to be able to determine the fact only in the relationship. The classification of material evidence in a civil process is based on the criteria of relevance to a confirmed circumstance.

Nuances

Experts who consider the problems of classification of evidence in a civil process analyze not only the characteristics of certain sources, but also the ways of using 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 disproved circumstance. If we take one such source separately, then, based on it, we can formulate several versions, in some cases opposite to each other.

Application rules

Classification of evidence in the civil process allows us to develop adequate methods for using certain sources, information obtained from them. So, special rules are formulated to apply 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 relevance of each analyzed fact should not be called into question.
3. A complex of indirect information must be presented as a specific system. This totality should provide the basis for formulating the only possible conclusion about the confirmed / refutable circumstance.

Evidence

The legislation establishes a specific, closed list of them. It is not subject to broad interpretation or reduction. With the help of evidence, the court receives certain information relevant to the proceedings. These include:

1. Explanations of the parties to the dispute and third parties.
2. Witness's testimonies.
3. Video / audio recordings.
4. Material and documentary evidence.
5. Expert opinions.

Other funds are not provided by law.

Specificity of individual sources

Often the ability to use physical evidence without fixing their external characteristics in the documents is not allowed. For example, a commercial act drawn up by the railway transport company in confirmation of cargo damage indicates information about the seals, the damage of which is also included in the paper. Physical evidence may include the external features of the parties to the dispute, witnesses, and persons not participating in the proceedings. So, the portrait similarity of the child and the alleged parent can act as a confirmation fact in establishing paternity. In the current Code of Civil Procedure, video / audio recordings are considered material evidence. However, some experts point out the inaccuracy of the wording. According to a number of lawyers, these sources can be considered a kind of material evidence. They really are subjects on which it is possible to establish certain circumstances relevant to the proceedings. However, the relevant information is not extracted from their external appearance, but from the content.

Relevance and affordability

The parties to the dispute provide the court with a wide variety of information. They may or may not be relevant. Evidence of value for the consideration of the dispute in essence, referred to as relevant. They can confirm or refute the circumstances to which the parties refer during the proceedings. Materials that are not related to the dispute are excluded from consideration. The person submitting the request for the demand for evidence must indicate which facts will be confirmed by him. The institution authorized to consider the dispute has the right to reject certain sources as being irrelevant for the case at any stage, including when making a decision. In the ruling, the court must give reasons for which it did not take the evidence into account.

Regulatory requirements

When considering certain cases in practice, rules for providing evidence were developed. So, in a dispute about reinstating a citizen who was released on the initiative of management, copies of orders for enrollment, transfers, dismissal, and a certificate of earnings should be presented. The burden of proof of the lawfulness of the actions committed rests with the defendant. The circumstances of the proceedings, which must be supported by specific materials, cannot be verified by other information. The court has the right to use only those types of evidence that are defined by law. At the same time, he cannot allow certain means of confirmation of facts for certain categories of disputes. For example, under Article 162 of the Civil Code (part 1), non-compliance with the written form of the contract deprives participants of the right to refer to the dispute in the process of confirming the transaction and establishing its conditions for witness testimony. However, participants may provide written and other evidence. In the case of the recognition of the subject as legally incompetent, a medical certificate acts as a mandatory supporting document. It cannot be replaced by any other evidence. If the decision is based on unacceptable information, it must be repealed.

Conclusion

In civil proceedings, a wide variety of types of evidence are used. Some of them are attached to the claim when submitting it to an authorized authority. The list of required documents is established by the Code of Civil Procedure, agro-industrial complex and other standards. In the course of the proceedings, the court may only use evidence that is relevant to the case. To determine this, it is necessary to study all the materials provided by the parties.