Азаматтық сот ісін жүргізудегі объективті ақиқат қағидаты

Abstract

The article analyzes the main problems of the institution of objective truth in civil proceedings through theoretical analysis, concretization, and systematization. It gives a characteristic of certain aspects of judicial truth from the point of view of both domestic and foreign scholarly processors. The article investigates two main types of the principle of truth - objective and formal. At the same time, the author highlighted the principle of objective truth, which was consolidated in the socialist past of our country. Formal truth, however, does not recognize the existence of the principle of objective truth, insisting on the formalization of the process. The author has consistently studied the history of the development of the institution of objective truth in Kazakhstan’s civil procedural legislation. At the present stage, one of the most controversial issues in civil procedure is the problem of achieving the truth in a civil case in court. There is no single generally accepted concept of the principle of judicial truth in civil proceedings. The analysis of the norms of the Code of Civil Procedure of 1963, 1999 shows that the legislator does not single out the principle of objective truth in civil proceedings. In the current Code of Civil Procedure of the Republic of Kazakhstan in 2015, the content of the principles of dispositiveness, adversariality, and procedural equality of parties in a civil procedure is significantly expanded, that is, a conclusion suggests itself that the principle of objective truth is excluded from the principles of civil proceedings. It should be noted that the term “objective truth” itself is not used in the new legislative acts.