THE IMPORTANCE OF THE EVIDENCE BASE AT THE PREPARATORY STAGE: THE INTERACTION OF THE PARTIES AND THE COURT IN THE PROCESS OF COLLECTING EVIDENCE IN CIVIL CASES

Abstract

The article examines the importance of the evidence base at the preparatory stage of the court case, certain aspects of the interaction between the parties and the court in the process of gathering evidence in civil cases. National legislation has not developed a unified approach to the interpretation of the term "evidence". Existing normatively established definitions of the term "evidence" differ among themselves mainly taking into account the specifics of the type of legal proceedings, or with insignificant differences. It is indicated that in order for the evidence to be accepted by the court, it must meet the following characteristics: propriety (that is, contain data related to the subject of evidence); admissibility (that is, obtained in a legitimate manner); reliability (that is, those on the basis of which the actual circumstances of the case can be established); sufficiency. It is proposed to consider the term "evidence base at the preparatory stage in civil cases" as a set of evidence that can potentially be provided to the court or demanded by the court or already provided/collected and contained in the materials of the civil case, on the basis of which the court establishes the presence or absence of circumstances (facts), which justify the claims and objections of the participants in the case, and other circumstances that are important for the resolution of the civil case, and also correspond to the signs of belonging; admissibility; credibility; sufficiency. The importance of the evidence base at the preparatory stage in civil cases through the prism of the peculiarities of the judicial process, which are primarily expressed in terms of time, the identification of tasks that are solved at this stage, the scope of the rights and obligations of the parties and the court, is explained. It is indicated that the interaction of the parties and the court in the process of gathering evidence in civil cases should be based on the principles of: mutual respect; responsibility; taking all possible actions, provided for by the current legislation, aimed at forming an appropriate evidence base.