The duty of proof in the civil process lies with the defendant and the plaintiff. Article 56 of the Code of Civil Procedure of the Russian Federation, as amended, indicates that each party is responsible for the veracity of the facts submitted to the court to make a decision in a particular case. During the process, all circumstances are considered, their significance is determined, and, if necessary, supporting documents are requested. The duties of proof in a civil proceeding are not distributed by a judge. Its functions include creating the necessary conditions if there is a need to confirm the fact that has been submitted for discussion of the meeting in the case.
The nuances of legal proceedings
The court has jurisdiction over the assignment of the duties of proof in the civil process to persons involved in the case on specific facts. Participants may not invoke circumstances. If the judge considers that the items are relevant to the dispute in question, confirmation remains to be provided. The legislative standards in part 1 of article 56 say to whom the provision and rules of procedure apply:
- Plaintiffs and defendants.
- Third parties are interests that are affected by the conflict.
- Bodies (heads or representatives of the organization) on whose behalf the application is submitted.
The obligation to prove in a civil proceeding (in cases considered in a special proceeding with facts of legal significance) belongs to interested parties. Suppose, after the loss of documents or their restoration. The court may, on its own initiative, demand materials in the case. The participants transmit the data that serve as the basis and necessary for the court to confirm a specific issue.
For example, an organization is exempted from compensation for harm caused to an employee if there is evidence that the employer is not guilty of this incident, as the employee was instructed, the provisions of which he violated. Exceptions are health damage cases involving a hazardous source. In this case, the distribution of the duties of proof in a civil proceeding lies with both the plaintiff and the defendant. The employer proves his innocence, the victim provides materials confirming the damage to health during the performance of the production assignment.
The distribution of evidence
The law establishes that persons involved in the proceedings must collect documentary evidence of their claims and objections. The duty of proof in a civil proceeding rests with the participants, each of whom provides his informed allegations. When the plaintiff submits an application, he is obliged to prove that his grounds for applying to the court are valid. The defendant may recognize the claim. Then no one needs to confirm or deny the allegations against them. If the defendant submits a counter-statement with arguments, he is obliged to confirm them with documents. It turns out a whole chain of claims against each other, and the servants of the law understand the facts and their reasonable reality. At the same time, only evidence presented to the civil process is considered in court. The responsibility of proof lies with the party concerned. The judge gets acquainted with all the facts during the trial. If the parties are inactive, no evidence will be found. This will not provide the court with the opportunity to take into account the facts and issue a fair verdict. The distribution of responsibilities allows you to:
- Regulate procedural issues.
- Identify participants to provide evidence.
- Designate substantive matters with substantive issues.
- Settle disputes in favor of parties that have proven their case.
All these actions are very complex. They consist of the mental and procedural activities of subjects.
What does the procedure include?
The concept of evidence in a civil proceeding means the collection of substantiated provisions that will familiarize the court with the facts, inform about the existence of legal elements. The participants in the case transmit evidence of their legal position that can change direction in the trial in their favor. The court examines the information, and the defendants can perform the following actions:
- Continue to participate in the case because of a stable position.
- Refuse claims.
- Recognize the lawsuit.
- Conclude a settlement agreement.
The judge, through analysis, the above factors and arguments of the parties, may require additional evidence and will assist in this procedure. As a result, all circumstances of the case will be reflected in the verdict. This means that the evidence and evidence in the civil process form the elements that are relevant to the resolution of contentious issues between actors.
Who helps confirm new information
In judicial proceedings, different tools are used. Assistance to the participants in the formation of new facts may be provided by persons not endowed with the responsibility to prove their reality:
- Witnesses.
- By the experts.
- Specialists from various industries.
The evidence is carried out under civil procedural law, which contains methods for obtaining knowledge, stipulated by legal norms.
Characteristic signs
The means of evidence in the civil process are regulated by the legislative norms of the Code of Civil Procedure of the Russian Federation. The regulation combines procedural and substantive sources. In specific cases with the subject of proof and legal presumption, substantive law norms are used. The general procedure of proof is fixed by the provisions of the Code of Civil Procedure of the Russian Federation:
- The detail and sequence of events related to the confirmation of facts and content, in accordance with legal standards.
- The universality of the procedural forms, designed for any types and stages in civil proceedings.
- Imperative, which means compliance with the obligation to follow legislative norms for all participants in the evidence procedure.
- Subordination to civil processes.
From the foregoing, it follows that the duty of proof and the presentation of evidence in a civil proceeding are a necessary part of the proceedings. On the basis of the presented and confirmed circumstances of the case, the court shall render its decision.
How judicial evidence is classified
The facts submitted to the court, which serve as the basis for the opening of the paperwork on a specific issue, are evidence. The court considers them to determine the existence of grounds for resolving the conflict. The evidence is endowed with the following characteristic features:
- The subject transmits information on the issue investigated by the court with reflection of circumstances.
- The data are related to the element of evidence, establish the circumstances of the case, justify or refute the claims or objections of the defendants.
- The provision of facts occurs by means stipulated by law with a reflection of their admissibility.
- The procedure for obtaining and examining evidence is established by the Code of Civil Procedure of the Russian Federation.
When proving guilt or innocence, all relevant factors should be used (acts, instructions, statements of witnesses, checks, photos (if any), audio recordings. In the absence of supporting documents, it is impossible to recognize the fact as proved.
Reasons for classification
When distributing the obligations of evidence between the parties in a civil proceeding, the facts are classified according to the criteria:
- Binding character.
- The source of the formation.
- Creation process
Evidence may have the following features:
- Direct, confirmed by relevant legal fact. In direct evidence there is a direct and unambiguous relationship that establishes or refutes the circumstance.
- Indirect is a complex and multi-valued criterion when it is impossible to draw an unambiguous conclusion about the absence or presence of evidence.
Sources of evidence are:
In the process of creating evidence, the following stages are distinguished:
- Initial - with the receipt of information from primary sources.
- Derived when data comes from secondary informative means.
No information can be empowered for a court in advance, without trial.
The concept of presumption
In the distribution between the parties of the obligation to prove, the civil process provides for exceptions. The general rules referred to in Article 56 in Part 1 of the Code of Civil Procedure of the Russian Federation are applied provided that other federal laws do not apply in this case. Evidence is a lawful trial between parties in a court of law in order to obtain, establish and evaluate information.
The presumption in translation into Russian means “assumption”, that is, the conclusion about some facts on the basis of others. Then the former are the basis of the presumption, and the latter are the alleged circumstances of the case. The provision on presumption of guilt of the debtor is fixed in article 401 of the Civil Code. In this case, the basis of guilt is that the person did not pay the required amount on bills.
The alleged fact is the fault of the debtor who violated the obligations. If the creditor files a claim, he will be relieved of the obligation to prove the fact of non-payment and the guilt of the one who did not make the payment. The debtor can prove the opposite by providing checks or receipts, as well as documents confirming, for example, that the creditor sent the payment order late. Further, this creditor is already obliged to prove that there are no violations on his part.
The provision on the presumption of guilt and innocence takes place in many articles, which depends on the nature of the case before the court, for example, in Art. 1079 CC (Part 1) on causing harm. Let's say a pedestrian was injured in an accident. He should not prove the guilt of the driver in court, as this is a presumptive fact. The driver who is behind the wheel (if he does not agree with the court decision) is required to prove that the pedestrian is guilty himself, as, for example, he crossed the road in the wrong place. Further, the victim is already obliged to prove that this was not and so on.
Another striking example of the presumption can be seen in Art. 48 SK (part 2). In this case, it concerns the origin of the children from their parents. So, if a couple is officially married, then the man is recognized as the father of the child born to them. This is a presumptive fact. A woman is not required to prove this. If the father does not agree with this state of affairs, he must provide the court with evidence to the contrary, for example, that he was on a long business trip (more than 9 months) and cannot be the parent of the baby. Then the woman will have to collect the facts on the basis of which her legal spouse will be recognized as the father of the baby.
Special rules concept
Cases in public relations are examined in a special order, for them there are special conditions for the distribution of duties for proof. These include circumstances on the basis of which it is necessary to prove the legality:
- adopted regulatory legal acts;
- contested decisions;
- actions or omissions of state bodies;
- decisions emanating from regional authorities;
- actions of an official serving in a state or municipal body.
The obligation to prove public offenses lies with persons (bodies) who have adopted an act disputed in court, committed an act or omission.
Legal advice
The collection of evidence and paperwork require special knowledge. Not always and not all of them possess. The best way to resolve the problem would be to have a legal representative in court who defends the interests of the plaintiff. This role is usually assigned to a professional lawyer. With its help, explanations of the parties and witnesses will be taken, written and material evidence will be collected, notes and conclusions of experts will be attached. The representative knows how to behave at the hearing, what to say, where to be silent.
Consequences of Failure
Any offense imposes certain liability on the participants in the trial. Neglect of duties of proof is manifested in the form:
- The absence of the participant at the hearing without good reason.
- Failure to provide facts.
- Transmission of false information.
- Delays in providing evidence, despite a court request.
Violators bear procedural or substantive liability. The court appoints an examination for doubtful facts. By its result, they will be recognized or excluded from the database. The defendant receives adverse consequences if the plaintiff proves the legitimacy of his claims. They are appointed by the size of property sanctions.