Legal encyclopedia. The letter O

EXEMPTION FROM PROOF.

AT

Each party must prove the circumstances to which it refers as the basis of its claims and objections. The court determines the circumstances that are relevant for the consideration of the case, which must be proved to the party, and the court can also consider those circumstances that the parties did not refer to. In particular, the court allocates responsibilities for their proving between the parties.

The grounds that exempt the parties from proof are:

1) circumstances that are recognized by the court as generally known and do not need to be proved;

The well-known circumstances

Establishes the court in the examination of specific cases. In order to recognize the facts, it is required that a well-known person be known to a wide range of persons, including the composition of the judges who are considering the case. However, the persons participating in the case are not deprived of the right to submit arguments refuting well-known facts.

2) the circumstances established by a court decision that has entered into legal force in the previously reviewed case are binding for the court. These circumstances are not subject to proof again and can not be challenged when considering another case involving the same persons;

3) the circumstances established by the decision of the arbitration court that entered into legal force are also not subject to proof. They can not be challenged by persons if they participated in a case that was resolved by the arbitral tribunal;

4) for a court considering the case of civil consequences of the actions of a person in respect of whom a court verdict was pronounced, on questions whether these actions took place and whether they were committed by a given person, the court's final sentence on the criminal case is binding.

In the arbitration process, as well as in the civil process, the parties are proved by the circumstances to which they refer both on the basis of their demands and objections. Obligation to prove the circumstances that served as the basis for the adoption by the state bodies, local self-government bodies, other bodies or their officials of the impugned acts, decisions, actions (inaction), is assigned to the relevant body or official.

The court, on the basis of the claims and objections of the persons participating in the case, in accordance with the substantive law to be applied, determines those circumstances that are important for the proper consideration of the case.

Persons participating in the case have the right to refer only to the evidence with which other persons participating in the case were acquainted well in advance of the trial.

Failure to meet the burden of proof leads to a decision in favor of the party, which proved the circumstances to which she referred.

It should be noted the dependence of the burden of proof of the defendant on the legal position that he chooses in the case. If the defendant only denies the claims of the plaintiff, then the latter practically fulfills the burden of proof. In the event that the respondent brings objections to the claim, referring to some circumstances, he proves them.

Since the scope of the facts to be proved can be changed in the arbitration court of first instance in connection with the change in the plaintiff of the basis of the claim and the presentation of the counterclaim by the respondent, it undergoes a change and the subject of proof. Due to the change in the subject of evidence, changes in the duty of proof occur.

The grounds that exempt the parties from proof in the arbitration process are similar to those in the civil process. The only difference is that the decision of the court of general jurisdiction on the previously considered civil case that has entered into force is binding on the arbitration court considering the case on the circumstances established by the decision of the court of general jurisdiction and relating to the persons participating in the case Business.

In addition to the grounds on which the parties are exempt from proof in the civil proceedings, in the arbitration process the parties can be released from this obligation in case they recognize the circumstances.

Circumstances that are recognized by the parties as a result of the agreement reached are recognized by the court considering the case, which are not subject to further proof. The agreement between the parties can be reached both outside the court session and in its course. It is in writing and is subject to mandatory entry in the record of the court session.

In their agreement, the parties have the right to recognize any facts that are included in the subject of evidence in the case. Recognition of facts by the parties is based on the distribution between them of the duty of proof. In this regard, the party recognizes the facts that the opposite side must prove.

The arbitral tribunal does not accept the recognition by the party to the circumstances if the court finds evidence that gives grounds for believing that the acknowledgment by such party of the specified circumstances is committed for the purpose of concealing certain facts or under the influence of fraud, violence, threat, error, as the arbitration court indicates in the record of the court session. In this case, these circumstances are subject to proof on general grounds.

Circumstances that are recognized and certified by the parties in the manner established for this purpose, if accepted by the arbitral tribunal, are not checked by them in the course of further proceedings in the case.