Means of judicial evidence, Explanations of parties...

Means of judicial evidence

Explanations of the parties and third parties

In civil cases, the plaintiff, defendant, and sometimes third parties actively participate. In applications submitted to court, they state their vision of the dispute on the right to be resolved. In the court session, the parties and third parties come forward with explanations of the situation and justification of their claims and objections. Information, reported on the circumstances of the case, the law recognizes an independent means of proof (Article 68 of the CCP). However, the interpretation of legal norms contained in speeches of the parties and third parties, the legal qualification of the existing relations, reasoning of an emotional nature are not a means of proving (MK Treushnikov).

Explanations of the parties and third parties as an independent means of proof has its own peculiarities, as well as:

- are the most common means of proving: unlike other means of proof that are present or not within the framework of judicial proceedings, they are always used in any civil matter;

- contain the initial information on the case under consideration, since the judge first learns about the most legal conflict and its content from parties and third parties, even before the trial begins, from the claim and interviews of the plaintiff and the respondent in the course of resolving the issue of initiating proceedings and preparation of the case for judicial review (Article 150 of the CCP);

- are the main source of information on the case. If other means of proof disclose individual circumstances, the moments of the case in question, then its direct participants know much more - they usually have all the facts relevant to the case. That is why the explanations of the parties and third parties are named first in the list of means of proof. Without them, the court is often not in a position to clarify the actual circumstances of the case, the essence of the disputable legal relationship;

- They contain the greatest probability of using such methods as silence, deliberate or unintentional distortion of information about facts, relationships of participants in the case, and even lies. We must not forget that the explanations are given by legally interested people who are striving for a solution that is advantageous for them. It does not establish any responsibility for this procedural law.

The above features characterize the explanations of the plaintiff, the defendant and third parties claiming independent claims regarding the subject of the dispute. Explanations of third parties that do not declare independent claims on the subject of the dispute (Article 43 of the CCP) usually contain more local information about their personal participation in the civil case under consideration.

Explanations of the parties and third parties have four varieties: assertion, recognition, objection and denial.

The statement contains information about the facts, the existence of which is proved by the person approving this or that position. This is the most common form of explanation - the speeches of personally interested persons are often almost entirely composed of statements.

Recognition - such an explanation, where there is information about the facts, the existence of which the other party must prove. The party has the right to recognize all facts of the basis of the claim or objection to the claim (full confession) or some of these facts (partial recognition). Perhaps recognition with a clause annulling the essence of the recognition made (qualified recognition), otherwise it is unqualified (simple). For example, the defendant has the right to indicate that the plaintiff did indeed transfer the required amount of money to him, but the demand for repayment of the debt is repaid by the expiry of the limitation period. In this case, the divisibility of qualified recognition takes place. the reservation must be proven by the person who makes the confession.

Recognition entails legal consequences, namely irrevocably recognized facts become indisputable (confessio non revocatur), which frees the other side of the need for their further proof. Therefore, the court's rejection of recognition is formalized by a special definition, and the adoption does not require a separate procedural action (see the definition of the Sverdlovsk Regional Court of December 22, 2011 No. 33-18286/2011). In addition, the law establishes an additional procedure for fixing a confession: this fact is recorded in the record of the court session and signed by the party that recognized it (Part 2, Article 68 of the CCP). If the fact is acknowledged in a written statement, it is attached to the case.

Meanwhile, as explained in the ruling of the Plenum of the Supreme Court of the USA No. 23, when deciding the courts it is necessary to bear in mind the following. The right to recognize the circumstances on which the other party bases its demands or objections also belongs to the representative of the party participating in the case in her absence, if this does not entail the complete or partial withdrawal of the claims, the reduction of their amount, the full or partial recognition of the claim, since Art. 54 CCP, which determines the powers of a representative, does not require that this right was specially stipulated in the power of attorney. In addition, the court does not have the right, when decreeing the law enforcement act, to accept the facts on which the plaintiff bases his demands, committed by a lawyer appointed by the court as a representative of the defendant on the basis of Art. 50 ГПК, as soon as this, apart from the defendant's will, can lead to violation of his rights.

Objection is a reasoned non-recognition of the position of the other party. The objection as an independent kind of explanations of the parties and third parties arises in connection with bringing new factual information that refutes the arguments of the other party to the dispute.

Denial is an independent way of judicial protection (a kind of evidentiary information), in which the party does not agree with the position of the other party without providing any evidence. For example, the respondent can explain to the court that he did not receive any money from the plaintiff and did not sign a relevant contract.

Explanations of the parties and third parties - the most important means of knowing the circumstances of the case, the legal relations in question, and therefore the judge has the following tasks: to notify the parties and third parties about the time and place of consideration of the case (Article 155 of the CCP), so that the interested parties persons were present in the proceedings and gave explanations; to verify the reliability of the explanations of the parties by other means of proof, otherwise the explanations will be unfounded.

In assessing the explanations of the parties and third parties, the court must observe the following rules:

1) to understand what is the essence of the claims of the plaintiff and the defendant's objections, i.e. clearly define their positions in the disputed dispute about the law;

2) to delimit in the explanations the facts from reasoning, logical conclusions and emotions;

3) to ensure that the explanations of the parties and third parties possess the property of internal consistency, i.e. did not contradict themselves, did not contain contradictory, mutually exclusive information;

4) evaluate the explanations of the parties and third parties, taking into account all the evidentiary information collected in the case, i.e. in conjunction with other means of proof;

5) remember that mutual interrogatorial delle parti is not established by United States civil procedural law.

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