Legal encyclopedia. Letter P

WRITTEN EVIDENCE

- agreements, certificates, certificates, business correspondence and other documents containing information on circumstances relevant to the case, made in verbal, digital, graphic recording or other form, as well as received by facsimile, electronic or other communication or by any other means, Allowing

Reliability of the document.

But acts, contracts, certificates can be not only written, but also material evidence. If information on circumstances relevant to the case is obtained from the content of the document, then such a document relates to PD, and if on the contrary, the receipt of information based on the material of the document indicates that it is a matter of material evidence. The testimony of witnesses, the explanations of the persons participating in the case, the expert's conclusion do not refer to written evidence, but to personal evidence. But the protocols

Court sessions, investigative actions and appendices to them, the verdicts and decisions of the court relate to PD

Based on this evidence, when reviewing a judicial act, it is possible to establish the legality and validity of the decision.

The following characteristics are distinguished:

1) PD - are items that reflect information relevant to the case, with the help of certain signs (letters, numbers, graphics, etc.), accessible to human perception. They emphasize the importance of the information contained (contracts, certificates, certificates, business correspondence and other documents);

2) in PJ information about facts of legal significance comes from persons who do not yet occupy any procedural position. This feature distinguishes PD from the written explanations of the persons participating in the case, the expert's conclusions;

3) PD in its majority occurs before the process is excited;

4) PD must be implemented in a form that allows to establish the reliability

Evidence. The law singles out the digital and graphical record most often encountered in practice, but allows for the use of other methods;

5) like all evidence, PD must be relevant, reliable (since they can be provided both in the original and in the copy). When checking the original for validity, one rule applies, for copies - others. Documents submitted to the court confirming the performance of legally significant actions must comply with the requirements established for this type of documents.

Depending on the subjects from which they originate, PD can be divided into official and private (unofficial).

Official documents come from state bodies, public organizations, officials, etc., i.e. From those who are empowered to publish them. Therefore, official documents must possess certain requisites, correspond to the competence of the body that issued them, or the requirements established by law for the commission of certain legal acts. The official documents include transactions, for the commission

Which have certain requirements: they are transactions in simple written form; Notarially certified transactions and transactions subject to state registration. When verifying the authenticity of these documents, you should always pay attention to the presence of necessary requisites (signature of the head, presence of a seal, etc.), as well as compliance of the issued document with the competence of the body or official.

Unofficial documents include such documents that originate from individuals or are not related to the exercise of any powers (personal correspondence and other unofficial documents). But also the unofficial documents should be checked for sure about their reliability.

In content, PD are divided into administrative and reference information. The administrative documents include official documents that have administrative nature.

Reference and information evidence is informative in nature about certain circumstances (acts, reports, protocols, letters, etc.). Reference and information

Evidence can be both official and private.

By the way of education, documents can be authentic or copies. To confirm the authenticity of a copy, it is often required that it be verified by the appropriate person.

PD is provided to the court in the original or in the form of a properly authenticated copy. The original documents are submitted to the court in case the circumstances of the case are subject to confirmation only by such documents, and also at the request of the court.

In all other cases, copies or even extracts from written documents may be provided, provided they are duly certified.