Abstract
The article provides a comparative analysis of the legal regulation of proof and evidence in civil and arbitration proceedings, administrative proceedings. From the point of view of the unity and differentiation of the civil procedural form, the problems of legal regulation of proof and evidence in three procedural regulations are considered. The author considers the concept of judicial law as a methodological basis for unification in the legal regulation of proof and evidence. Judicial law is considered as a possible basis for the unity of civil procedure, its main concepts are highlighted: the unity of the goals of civil procedure; the unity of the principles of civil procedure; systemic interconnection of its constituent elements. As a result of the study, the author came to the conclusion that there are unjustified discrepancies in the legal regulation of proof and evidence. The author deduces this conclusion from the analysis of the mechanism of proof, enshrined in three procedural rules, the study of the rules for the distribution of the burden of proof, the admissibility of evidence and the exclusion of evidence. Proposals have been made to improve the legal regulation of proof and evidence, aimed at eliminating unjustified discrepancies. Also, the study raises questions about determining the moment from which the evidence presented by the person participating in the case may lose legal force.
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