ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

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Peculiarities of forming of subject of proof in different stages (stage) of civil proceedings

Pages: 152-157
Year: 2015
Location: Pravova Ednist Ltd

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The article studies the peculiarities of forming the subject of proof in civil proceedings considering civil procedural requirements of form and procedure established by the civil procedural legislation of Ukraine.

It is noted that forming the subject of proof begins in resolving the issue of opening court proceedings, what does analysis of the contents of the claim (application). The analysis of content claim (application) can make certain assumptions about facts and circumstances that require to resolve the case, the adoption of a legitimate and reasonable decisions. Continues forming the subject of evidence during the proceedings before the trial, aided by: a) an analysis of the substantive law; b) the preliminary hearing, which is held with the parties and other persons involved in the case, in compliance with the general rules established by civil procedural law for the trial with the relevant exceptions (of Sections 2, 11 Art. 130 CPC of Ukraine); a) preparing a case for trial, which consists of a set of proceedings under part. 6. 130 CPC of Ukraine to ensure proper and quick resolution of the case. Developed and completed the formation of the subject of proof on trial. The presence of all stakeholders, the implementation of their rights and duties under civil procedural law affects the adjustment and the final forming the subject of proof. The results of fact-finding and circumstances of the subject of evidence appear in descriptive and motivation part of the judgment, which is accepted and proclaimed at this stage of civil proceedings in accordance with Part. 3. 208, p. Art. 215, 218 CPC of Ukraine.

Keywords: civil procedure; the subject of proof; stage of civil process. 

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