IMPLEMENTATION OF THE PRINCIPLES OF CIVIL PROCEDURE IN THE MECHANISM OF EVIDENCE

Abstract

The publication considers principle of civil procedure and possibilities of its practical implementation taking into account modern realities and transformation of procedural legal relations. The prospects for doctrinal rethinking of the process of proving and correlation of constitutional and sectoral principles are revealed. The dialectical method of cognition is applied along with other general scientific and specific scientific methods. The norms of domestic legislation, materials of judicial practice, as well as the works of scientists in different periods of civil procedural law science development are studied, which characterize the conversion of scientific thought regarding the institute of proof in civil proceedings and changes in the position of the court, which are currently not reflected in the legislation. The necessity of further transformation of the court’s role in the implementation of the mechanism of proving is emphasized. The necessity of rethinking the position of the court in civil proceedings, as well as the interpretation of the obligation of proof in order to modernize the legislation from the standpoint of the concept of protection of rights and freedoms, where the improvement of the protection mechanism is the task of the rule of law state, is highlighted. It is proposed to rethink the position of the court in civil proceedings from the point of view of accessibility of justice and realization of the possibility to protect rights, freedoms and legitimate interests through civil proceedings.