Evaluation of evidence in the arbitration process is a complex creative work of a whole staff of specialists. In the course of the trial, the judge relies on an internal conviction according to his competence, which is based on the results of a comprehensive, complete, objective, direct investigation, confirmed by facts and legislative standards. Similar criteria are specified in the APC of the Russian Federation, they were confirmed by Article 71. Assessment of evidence in the arbitration process is the final characteristic of the transferred data for the trial.
Recognition Procedure
There is a procedural procedure during which information is received that is intended to confirm or refute the circumstances of an open case. The reliability of the materials is the basis for the arbitral tribunal to establish whether or not there are legal elements that can justify the proposals submitted from the participants, consisting of claims and objections to the issues set out in the case. The correct assessment of evidence in the arbitration process may affect its course and the final verdict. During work, an analysis of the transferred facts is carried out according to the criteria:
- relevance;
- admissibility;
- reliability.
They examine each indicator separately, consider their sufficient, aggregate relationship. As a result, the assessment of evidence in the arbitration process will indicate that the submitted and verified data is true and valid or will confirm the opposite.
What evidence does the court not recognize?
The materials received together with the statement from the plaintiff, the rebuttals indicated by the defendant, are collected by the court. Each document is considered, studied. Information cannot be deemed to be reliable in advance with a biased advantage. The rules for evaluating evidence in the arbitration process provide for the investigation of all collected elements in the same manner. The fact cannot be considered confirmed on the basis of documentary copies or other written evidence submitted to the court instead of the originals. If the participants submit documents, which in content:
- impossible to identify;
- confirm the current state;
- compare with the original source - they are not accepted.
According to the general rules, the assessment of evidence in the arbitration process is fixed by the result in the act. They indicate the reasons why some items accepted or refused to recognize their authenticity.
What legal elements form the basis?
Items submitted to the court for confirmation by the applicant of their claims are called evidence. The subjects that carry out the activity, in order to confirm their authenticity, carry out the proof, they help to resolve all disputed issues. The proof procedure occurs:
- in the whole case;
- on certain legal facts.
The first case establishes a symptom arising from the standards. The second example provides the items that are necessary in separate procedural actions for a specific situation. The criteria for evaluating evidence in the arbitration process do not depend on the receipt of their methods:
- written;
- material;
- expert opinions;
- witness testimony;
- explanatory notes from the participants;
- records on technical media;
- various materials and documents.
The arbitration courts accept any evidence, their accuracy will be checked, and the issue of the possibility of joining the case of materials is decided by the judge on an objective determination in accordance with legislative standards.
Classification Methods
All actions of the judicial board are based on the principle of free assessment of evidence in the arbitration process. According to the classification, the facts are:
- direct, connected with the circumstance;
- indirect, it is impossible to determine the presence or absence of an object;
- personal transmitted witnesses;
- material;
- informative;
- authentic, obtained from original documents;
- derivatives taken from copies, verbal statements.
It is impossible to indicate an exhaustive list of evidence, the court determines the significance or absence of their connection with the case, takes it into account or not, indicates unfounded evidence.
In what order is the work done?
A lawsuit is a complex system of actions, where evidence is the main part of the work of the procedural mechanism that operates to achieve one goal - to investigate the matter and make a decision. That in the case there were all the materials necessary for the study, them:
- collect;
- present;
- Explore
- appreciate.
Before proceeding with the collection of facts, it is necessary to determine what will serve as evidence of what details will be confirmation. Without the submission of documents in court, they will not serve as evidence. When the elements are submitted to court, the latter proceeds to their study and finally evaluates.
There are certain stages of evidence in the arbitration process. Assessment of evidence is the result of work recorded in a judicial act. The sequence of actions consists of the steps:
- determine the subject;
- collect materials;
- investigate evidence by court;
- appreciate.
The collected confirmations are obligatory introduced to all participants in the process. Reveal the facts before the court hearings within the time period established by the court.
What rules are followed?
In the concept of assessment of evidence, the arbitration process includes compliance with the following rules:
- each transmitted fact is studied from all sides with an objective approach and direct participation;
- establish the importance of the subject during the investigation of the case on the basis of impartiality and reliability;
- they extract from the materials all the information that can show hidden motives and end the conflict.
The final assessment of evidence is closely linked to the completion of the trial by its verdict. This legal phenomenon can be combined with procedural and mental activity, which is subject to knowledge, logic and legal requirements.
Characteristics
Each document, fact and confirmation has its purpose. If the court needs originals, they are returned to the owner at the end of the process and the decision comes into force. Material evidence includes funds that are able, by type or property, to establish the indicator necessary for the case. In order to attach such confirmations, a special decree is necessary. Store items in court, after describing and sealing the place intended for this case. The features of the assessment of personal evidence in the arbitration process are written explanations of the participants on issues related to the case. Witnesses give oral evidence during the trial. These participants are asked questions by a person whom the court allows to apply. Responses are recorded in the court record.
How is reliability determined?
The most difficult decision in a judicial procedure is the recognition of the veracity of the facts and the sufficiency of evidence to reach a verdict. Items go through test steps. If the participants in the process seek to obtain truthful information, first of all, this should be the source. People transmit these data, and they are characterized by errors and errors. Eyewitness testimonies are influenced by the conditions under which they were received, how citizens perceived the incident. Each person has his own concepts and views on the seen or heard event.
Examinations conducted by the most advanced technical method may not show enough facts to conclude. There are many problems in legal proceedings; they are solved by the competence of judges. The laws themselves are not always sufficient to make reference to them. People also work in court, and the outcome of the whole case depends on how the evidence or legal status will be interpreted by officials.