ДОКАЗИ І ЗАСОБИ ДОКАЗУВАННЯ У ЦИВІЛЬНОМУ ПРОЦЕСІ

Abstract

Edvidence is the information about the facts on the basis of which the court can draw conclusions about the existence or absence of circumstances relevant to the case. The perception of factual data is possible due to the work of the human senses. In the vast majority Eof cases, evidence is perceived through vision or hearing or a combination of them, material evidence can also be perceived through touch and smell. In order for information to be heard or seen, comprehended, analyzed, evaluated, it must be expressed in a certain form which creates the possibility for one person to convey this information and for another person to perceive it. Information about facts relevant to the case may be perceived by the court only through certain means in which the information is recorded. Therefore, in the procedural doctrine it is logically formed the conclusion about the unity in judicial evidence of information and its medium. Evidence and sources of evidence are correlated with each other as the content and form of its fixation. Evidence shows what information it carries, sources of evidence shows in what objective form it is expressed. Types of sources of evidence are stipulated by the standards of the procedural law in the form of an exhaustive list. However, the formation of evidence also affects the rules of substantive law. For written evidence the substantive law establishes the form of the transaction, the competence of the state authority to issue a certain type of act etc. For witness testimony the substantive law defines the official’s or professional position of the person and their access to information which must be kept secret by law, which makes it impossible to interrogate this person about such information. Thus, in some cases sources of evidence must satisfy the requirements of norms of procedural and material law both. Evidence in the civil process may be characterized on the set of such features: 1) it is actual data, information about the facts, expressed in an objective manner; 2) it has the connection with at least one circumstance of the case; 3) the objective form of expression of the actual data corresponds to the essence of one of sources of evidence provided by the procedural law; 4) the source of evidence is directly filed with the court (written evidence, certain types of material evidence), or indicated in the procedural document as the one whose investigation is required to establish the circumstances of the case, including the need to seek evidence (testimony witnesses, certain types of material evidence), or formed on the basis of a court order (expert’s conclusion).