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Judicial Proof



V.A. Novitskiy
78jurist@gmail.com
Senior Lecturer, the Department of Civil Law Disciplines, State Institute of Economics, Finance, Law and Technology, Gatchina; Advocate of the Saint-Petersburg Chamber of Lawyers, a member of methodical commission presidium of the St. Petersburg Chamber of Lawyers, St. Petersburg, PhD in Law, Associate Professor
St. Petersburg

Keywords:

  • judicial proof
  • validity of the court’s decision
  • theory for proving
  • civil (arbitrary) case
  • adversarial activities
  • means of proof
  • On the basis of a long-term experience of learning the law of evidence theory sources along with examining practices of implementation whereof conducted by the courts the author analyses the concept of judicial proof. For the first time there have been formulated the author’s own definition of judicial proof in the context of civil and arbitrary cases with relevant indicia being presented as typical ones for the proof in the court. In addition, based on the revealed relationship between judicial proof and general academic knowledge the author formulates the target of evidentiary activity that needs to be taken into account when defining the notion of judicial proof. The paper provides analysis of academic insights into the formal meaning of the judicial proof shared by some representatives of the civil procedural theory for proving. The author presents his viewpoint with regard to the elements of civil (arbitrary) procedural form of evidentiary activities.

    188300 Russia, Leningrad region, Gatchina, st. Roshchinskaya, 5