The subject of proof in civil and criminal proceedings

One of the most difficult problems in the theory and practice of Russian law is the definition of the "object of proof". The difficulty lies in the fact that there is no legislative definition indicating what it is. Only in the articles of procedural laws it is said that the court determines which circumstances matter to the case, and which do not.

Practice of application

If no clear concept is given, then practice always has a development path, according to which all legislation as a whole tends to go. The subject matter of the proof contains the content side, which is composed of sources to which the court is oriented. First of all, these are the material norms that regulate the corresponding legal relations. In addition, the grounds for the claim and its return are important. With the help of these constructions, a conclusion is drawn on how to determine what is to be investigated in a particular case.

The subject of proof in criminal proceedings

It is clear that the specifics of the process dictate the differences between civil and criminal justice. In a criminal case, the subject of proof is always the same, there is no direct dependence on the circumstances of a specific case. There are separate compounds that fall out of this rule. But basically the same thing is always proved. For starters, this concerns the crime scene. This includes the place, method, time of the commission of the wrongful act, there may be other circumstances. Further, the guilt and motive of the offender are determined. To differentiate punishment, it is necessary to gather information about the identity of the person who committed this act, as well as other circumstances that may matter. It is important to establish the amount of damage. In addition, the investigating authorities identify both the conditions and the reasons that could contribute to the commission of a particular crime.

The subject of proof in the civil process

Here there is a specificity. In contrast to criminal law, the civil subject of proof is always different. This depends on the specific circumstances and is determined by the characteristics of the various categories of cases. Identify the main and non-core (optional) facts that need to be established. The absence of the first or their erroneous application entails the cancellation of the sentence. For example, in order for moral damage to be collected, it is necessary that there be grounds for this, which are listed in the law. As for other facts, a dispute arose among researchers and practitioners as to whether they are included in the subject of proof. After all, it turns out that in this case it is necessary to talk about the limits in which legal proceedings are carried out. This point of view seems most correct. In addition, we need to talk about the importance of procedural facts, as well as verification, without which the subject of proof is not finally formed. In general, verification provisions allow you to determine the reliability of a particular event, action or document. Thus, on the basis of this, the final decision is formed, which is formulated by the court in the reasoning part.