Testimony of witnesses in the system of evidence in economic judicial procedure

Abstract

The article considers the place and role of witness testimony in the system of means of evidence in economic litigation. To this end, the relevant economic procedural legislation is analyzed, which provides a definition of the testimony of witnesses and regulates the procedure for obtaining them. The analysis of scientific sources revealed that the institute of witnesses, in economic litigation, is one of the topics of discussion not only among practitioners but also among scholars. A critical review of the positions of scholars on the place and role of witness testimony in the system of evidence in economic litigation. It is determined that the introduction of the institution of witnesses in economic litigation is aimed at unifying and simplifying the procedural aspects of litigation.
 It is established that despite long discussions on the use of the institution of witnesses in economic litigation, practice has shown the need to expand the means of proof through witness testimony, as it is seen that the study of such testimony in some cases can help establish objective truth and completeness. and comprehensiveness of the case.
 From the analysis of procedural norms it was concluded that the subjects of evidence in economic litigation may be persons who are not directly involved in the case. The witness belongs to this group of subjects. The positive feature of the witness is that he directly perceived the circumstances of the case with the help of the senses and the lack of legal interest in resolving the case. In economic litigation, there are cases in which the testimony of witnesses can be used, which determines the existence of certain relationships between the witness and the party.
 It was emphasized that if witnesses are involved in the trial, there is a risk of delaying the trial and, as a consequence, violating the principle of efficiency of the trial due to abuse of non-appearance of witnesses at the hearing. Amendments to the economic procedural legislation have been proposed to regulate the obligation to testify as a witness.
 It is proved that the introduction of the institute of witnesses in the economic procedural legislation is a positive change, which is aimed at bringing the economic justice of Ukraine closer to European standards.