ДОКАЗИ ТА ДОКАЗУВАННЯ В ГОСПОДАРСЬКОМУ ПРОЦЕСІ ПІД ЧАС РОЗГЛЯДУ СПРАВ У СФЕРІ ГОСПОДАРСЬКО-ТОРГОВЕЛЬНОЇ ДІЯЛЬНОСТІ: НОВЕЛИ НАЦІОНАЛЬНОЇ ПРАКТИКИ

Abstract

The article is devoted to the topical issue of studying and summarizing novelties of national practice regarding evidence and proof in the economic process during consideration of cases in the field of economic and commercial activity. The subject of the study is the national practice of commercial courts in cases related to economic and commercial activity. The author substantiates the need to research this issue, taking into account the previous shortcomings of the national legislation in the application of evidence during the proving in the economic process. The essence of the evidence is revealed as 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 important for the resolution of the case. The types of evidence established by economic procedural legislation have been studied, namely written, tangible and electronic evidence; conclusions of experts; testimony of witnesses. Emphasized attention, must meet the established criteria: appropriateness, admissibility, probability, sufficiency. It has been demonstrated that the amendment to the standard of proof of "probability of evidence", as opposed to "sufficiency of evidence", emphasizes the need for the court to compare the evidence provided by the plaintiff and the defendant. That is, with the introduction of the new standard of proof, it is necessary not to provide enough evidence to confirm a certain circumstance, but to provide exactly the amount that will be able to outweigh the arguments of the opposite side of the court process. In addition, the main novelties regarding evidence in the context of economic and commercial activity were analyzed. It was found that the judicial practice of using various means of proof is formed, but it is not unambiguous. For example, some commercial courts allow the possibility of using certain types of evidence, while some consider these evidences inappropriate and inadmissible.