EVIDENCE AS THE BASIS OF JUDICIAL KNOWLEDGE IN CIVIL PROCEEDINGS

Abstract

The purpose of the study is to clarify the philosophical, philosophical-legal, procedural-legal principles of understanding evidence as the basis for a comprehensive, complete, and objective clarification of the circumstances of the case. The article examines the issue of the correlation between proof as a procedural activity of participants in a civil case to provide the court with evidence to support their own claims and objections and judicial cognition as an intellectual activity of the court to clarify the circumstances of the case on the basis of the evidence available in the case. The study is based on philosophical approaches to understanding cognition as a structured activity that includes a subject, an object and a subject. Philosophical and legal research on the understanding of judicial cognition is also taken into account. To substantiate the importance of proof in the formation of sources of judicial cognition, doctrinal approaches to understanding proof in the science of civil procedural law are revealed. Understanding the truth as a subject of judicial cognition is revealed on the basis of the works of representatives of the science of criminal procedural law and civil procedural law. The understanding of the concept of the standard of proof in both branches of procedural and legal science is investigated. A certain proximity, but not identity, is noted between the concept of objective truth and the standard of proof “beyond all reasonable doubt” and the concept of formal (procedural) truth and the standard of proof “balance of probabilities”. It is concluded that proof as an activity to ensure the inclusion of sources of information about the circumstances of the case in the case materials provides the basis for the cognitive activity of the court, as a result of which it will apply a certain norm of substantive law or fulfill a norm of procedural law. In this case, the object of judicial cognition will be the relations between the participants in the case, and the subject will be the circumstances of the case, confirmed by evidence.